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January 2011

Court of Appeals Publication Orders, 1/11

court of appeals publication orders, 1/31/11 On Point posts from this list: 2011 WI App 2 Dustardy H. v. Bethany H. 2011 WI App 3 State v. Mark D. Jensen 2011 WI App 6 State v. Miguel A. Ayala 2011 WI App 15 State v. Tracy Smiter 2011 WI App 17 State v. Kathleen A… Read More

2011 Wis Act 2 (Daubert)

Join Mr. Badger in Welcoming Daubert to the Badger State 2011 Wis Act 2 (Senate Bill 1, Special Session Jan. 2011) brings Wisconsin into line with FRE 702 ("Daubert" rule). The Act was signed into law 1/27, but won't take effect until published (which will be no later than 2/10). A potential sea change in expert… Read More

State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11 court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp. Phoned tip by driver who gave his name and described the subject vehicle as "all over the road" held sufficiently reliable to support reasonable suspicion for stop. Because… Read More

State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp. Ineffective Assistance Claim - Necessity of Motion Failure to preserve a challenge to trial counsel's performance via postconviction motion waives the issue on appeal, ¶19. Entrapment - Child Sex Crime with Computer… Read More

State ex rel. Christopher L. Shelton v. Smith, 2010AP719, District 2, 1/26/11  court of appeals decision (not recommended for publication); case activity; State Resp. Shelton was sentenced on two pre-TIS counts: an active (indeterminate) prison sentence on one count and a consecutive term of probation on the other. He served out the first sentence, with the… Read More

Search & Seizure – Community Caretaker

State v. Ashley M. Toliver, 2010AP484-CR, District 2, 1/26/11 court of appeals decision (3-judge, not recommended for publication); for Toliver: Elizabeth Ewald-Herrick; case activity Community caretaker doctrine supported, in the first instance, search of seemingly lost purse found in common area of apartment building; and, in the second, entry of apartment after co-inhabitant requested officer… Read More

State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn't have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read More

Honorable Mark J. McGinnis v. Mario Jimenez, 2010AP2208, District 3, 1/25/11 court of appeals decision (1-judge, not for publication); for Jiminez: Shelley Fite, SPD, Madison Appellate; case activity; Jiminez BiC; State Resp.; Reply The circuit court lacks authority to sanction a 17-year-old for failure to comply with conditions imposed for violating a local truancy ordinance… Read More