Questions presented:

(1) Whether a state court’s rejection of a claim of federal constitutional error on the ground that any error, if one occurred, was harmless beyond a reasonable doubt is an “adjudicat[ion] on the merits” within the meaning of 28 U.S.C. § 2254(d), so that a federal court may set aside the resulting final state conviction only if the defendant can satisfy the restrictive standards imposed by that provision; and

(2) Whether the court of appeals properly applied the standard articulated in Brecht v. Abrahamson, 507 U.S. 619 (1993).

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State v. David C. Marker, 2014AP1122-CR, District 2, 10/22/14 (1-judge decision; ineligible for publication); case activity

Police had reasonable suspicion to stop the vehicle Marker was driving based on a tip from his former wife, who, after an exchange in custody of their children, called police to report her fear that he was driving while intoxicated with their children in the vehicle.

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Question presented:

Does a felony conviction extinguish all of a defendant’s property interests in a firearm, such that he or she may not even arrange for the sale or other transfer of any surrendered or seized firearms to another person because doing so would constitute “constructive” possession and thus violate 18 U.S.C. § 922(g)’s ban on possession of a firearm?

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Other acts evidence was harmless and PTAC amendment during trial was not prejudicial

October 21, 2014

State v. Sean T. Pugh, 2013AP1522-CR, District 3, 10/21/14 (not recommended for publication); case activity If the trial court erred in admitting evidence that Pugh had a prior conviction for an offense similar to the ones he was on trial for, the error was harmless, given the overwhelming evidence against him. In […]

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Initial “stay” of juvenile sex offender reporting requirement wasn’t a permanent stay under § 938.34(16)

October 21, 2014

State v. Jermaine C., 2014AP467, District 1, 10/21/14 (1-judge decision; ineligible for publication); case activity The circuit court’s decision at Jermaine’s disposition hearing to stay the sex offender registration requirement wasn’t a permanent stay of the requirement under § 938.34(16) and State v. Cesar G., 2004 WI 61, 272 Wis. […]

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State v. Jessica M. Weissinger, 2013AP218-CR, and State v. Michael R. Luedtke, 2013AP1737-CR, petitions for review granted 10/15/14

October 20, 2014

Consolidated review of two published court of appeals decisions: State v. Weissinger, 2014 WI App 73 (case activity); and State v. Luedtke, 2014 WI App 79 (case activity) Issues (composed by On Point) In light of State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, does the Wisconsin Constitution provide […]

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Suicide threat justifies “community caretaker” stop of vehicle

October 17, 2014

Dane County v. Joshua H. Quisling, 2013AP2743, 10/16/14, District 4, (1-judge decision, ineligible for publication); case activity Applying the “community caretaker” doctrine, the court of appeals held that a police officer was justified in stopping Quisling’s car based upon an informant’s tip that he was suicidal.  Evidence obtained after the […]

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Trial counsel’s failure to object to jury instruction deprives appellant of right to challenge sufficiency of evidence

October 16, 2014

State v. Addison F. Steiner, 2013AP2629-CR, district 4, 10/16/14 (not recommended for publication); case activity This case raises an issue that even the court of appeals deemed to be of first impression. Does §948.20, which criminalizes abandonment of a child, require an intent to abandon a child permanently, or is leaving a child […]

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Evidence supported probable cause for OWI and PBT

October 16, 2014

State v. Jessica Ann Stofflet, 2014AP823-CR, 10/16/14, District 4 (one-judge decision, ineligible for publication); case activity The court of appeals held that the officer who stopped Stofflet’s vehicle and conducted a preliminary breath test had probable cause to believe she was committing OWI. The officer observed that she had deviated […]

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Violation of statute governing turn of vehicles provides probable cause for stop

October 16, 2014

State v. Deborah K. Salzwedel, 2014AP301-CR, 10/16/14, District 4 (1-judge decision, ineligible for publication); case activity The court of appeals affirmed the denial of Salzwedel’s motion to suppress and her conviction for OWI (3rd offense). Apparently, a deputy was driving right behind Salzwedel when she made a quick left turn […]

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