October 2010

State v. Brian T. St. Martin, No. 2009AP1209-CR, review granted 10/27/10

October 28, 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 […]

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Coram Nobis

October 28, 2010

State v. Andrew M. Obriecht, 2010AP1469, District 4, 10/28/10 court of appeals decision (1-judge, not for publication); pro se Following earlier unsuccessful challenges to his plea-based conviction via direct appeal and habeas, Obriecht utilizes coram nobis as an attack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 […]

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Court of Appeals Publication Orders, 10/10

October 27, 2010

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

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Guilty Pleas – Plea-Withdrawal

October 27, 2010

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 […]

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State v. Gregory M. Sahs, 2009AP2916-CR, District 1, 10/26/10, review granted 11/14/12

October 26, 2010

Voluntariness – Statements to Probation Officer court of appeals decision (3-judge, not recommended for publication), supreme court review granted 11/14/12; for Sahs: Mark S. Rosen; BiC; Resp.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 […]

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Probable Cause – OWI Arrest

October 22, 2010

State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14      The undisputed facts as disclosed from the record reveal the following:  (1) Marks observed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 […]

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Probation – Length of, Judicial Authority to Reduce

October 21, 2010

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 […]

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Compelled Self-Incrimination – Sentencing after Revocation

October 19, 2010

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 […]

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Mental Commitment – Sufficiency of Evidence

October 19, 2010

Barron County v. Dennis H., 2010AP1026, District 3, 10/19/10 court of appeals decision (1-judge, not for publication); for Dennis H.: Jefren E. Olsen, SPD, Madison Appellate Evidence held sufficient to support finding of dangerousness. 1) Recent overt act, attempt or threat to do serious physical harm. A psychologist testified that […]

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TPR – Right to Counsel – Violation, Structural Error

October 19, 2010

State v. Darrell K., 2010AP1910, District 1, 10/19/10 court of appeals decision (1-judge, not for publication); for Darrell K.: Jereny C. Perri, SPD, Milwaukee Darrell’s right to counsel was violated when the trial court granted counsel’s motion to withdraw then found Darrell in default as to grounds while he was […]

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