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May 2010

Wisconsin supreme court order The underlying question is whether Justice Roggensack "previously handled" Henley's earlier appeal when she was a court of appeals judge; if so, then by statute she must be disqualified from participating in his now-pending appeal. She declined to disqualify herself in a memorandum decision, 2010 WI 12. Further background, here. And… Read More

OLR v. Joan M. Boyd, 2010 WI 41 Various derelictions warrant 12-month license suspension, consecutive to already-imposed suspensions. The Counts include various failures to act competently and to keep her client reasonably informed in a number of postconviction actions. In one instance, lack of diligence led to loss of the federal habeas statute of limitations… Read More

court of appeals decision (1-judge; not for publication); for Heindl: Lisa A. McDougal; BiC; Resp.; Reply Jury Instructions - Self-Defense Trial for battery, which the State theorized occurred when Heindl put Lien in a headlock from behind. Heindl himself suffered scratches and swelling about an eye, but was seriously drunk and had difficulty giving a… Read More

State v. Matthew C. Parmley, 2010 WI App 79; for Parmley: Christopher M. Eippert; BiC: Resp.; Reply A sex offender may obtain an exception from the registration requirement 0f § 301.45(1m)2, if "the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years… Read More

State v. Brian K. Sowatzke, 2010 WI App 81; for Sowatzke: Andrew R. Walter; BiC; Resp.; Reply ¶13      Sowatzke had two countable OWI “convictions, suspensions or revocations” (i.e., he had two OWI convictions) at the time he was arrested on May 9; he had a BAC of 0.048 percent at the time he was arrested on… Read More

Court of Appeals Publication Orders 5/10

publication orders, 5/26/10 2008AP003192 2010 WI App 63 Charles F. Reuben, M.D. v. Keith D. Koppen 2008AP003235 2010 WI App 64 Curt Andersen v. Department of Natural Resources 2009AP000094 2010 WI App 65 Claudia D. Stumpner v. Charles C. Cutting, Jr. 2009AP000747 2010 WI App 66 Kalvin Loppnow v. Steven Bielik 2009AP001576 2010 WI App… Read More

court of appeals decision (1-judge; not for publication); for Lonergan: Owen R. Williams; BiC; Resp. Reasonable Suspicion - OWI Stop Stop supported by reasonable suspicion, where vehicle "'deviated constantly' from a direct line of travel" and "made several abrupt course corrections," albeit within its own lane. United States v. Lyons, 7 F.3d 973 (10th Cir. 1993) and United… Read More

Effective Assistance – Rape Shield

State v. Michael James Carter, 2010 WI 40 Wisconsin supreme court decision, reversing unpublished summary order; for Carter: John T. Wasielewski; BiC (State); Resp.; Reply Counsel made a reasonable tactical decision not to search for admissibility of sexual conduct evidence as an exception to the rape shield law. Therefore, Carter can't show deficient performance. Separately… Read More