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October 2010

decision below: certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; court of appeals briefs: Resp.; Reply Issue (from Table of Cases): Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident… Read More

Coram Nobis

State v. Andrew M. Obriecht, 2010AP1469, District 4, 10/28/10 court of appeals decision (1-judge, not for publication); pro se Following earlier unsuccessful challenges to his plea-based conviction via direct appeal and habeas, Obriecht utilizes coram nobis as an attack mechanism. He argues that his plea wasn't knowing, and that requiring a plea as a precondition to… Read More

Court of Appeals Publication Orders, 10/10

court of appeals publication orders, 10/27/10 On Point posts from this list: 2010 WI App 137 State v. Drew E. Bergwin 2010 WI App 142 Hakim Naseer v. Circuit Court for Grant County… Read More

Guilty Pleas – Plea-Withdrawal

State v. Ricardo Lopez, 2010 WI App 153 (recommended for publication); for Lopez: Catherine M. Canright; BiC; Resp.; Reply The plea colloquy was deficient with respect to Lopez's understanding of the rights waived by his no contest plea, therefore in response to his postconviction motion to withdraw plea the trial court held a hearing at… Read More

Voluntariness - Statements to Probation Officer court of appeals decision (3-judge, not recommended for publication), supreme court review granted 11/14/12; for Sahs: Mark S. Rosen; BiC; Resp. Sahs' claim that his statements to his probation officer were given under compulsion is rejected, because the premise for the claim - a DOC form cautioning that he… Read More

Probable Cause – OWI Arrest

State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14      The undisputed facts as disclosed from the record reveal the following:  (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive… Read More

State v. Carl L. Dowdy, 2010 WI App 58, review granted, 3/16/11; for Dowdy: Bryan Cahill; BiC; Resp.; Reply Judges lack statutory authority to reduce the length of probation. ¶16      We conclude that we do not have cause to refer to legislative history or other extrinsic tools, because the plain language of Wis. Stat. § 973.09(3)(a) does… Read More

State v. Ronnie L. Peebles, 2010 WI App 156 (recommended for publication); for Peebles: Suzanne L. Hagopian, SPD, Madison Appellate; BiC; Resp.; Reply Use, at Peebles' sentencing after revocation, of his incriminating statements made during counseling ordered as a condition of probation, violated the 5th amendment and requires resentencing. The court canvasses the leading cases… Read More