January 2011

Court of Appeals Publication Orders, 1/11

January 31, 2011

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 […]

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2011 Wis Act 2 (Daubert)

January 28, 2011

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 […]

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Reasonable Suspicion – Traffic Stop – Informant’s Tip

January 27, 2011

State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11 court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp.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 […]

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Ineffective Assistance Claim – Necessity of Motion; Entrapment – Child Sex Crime with Computer

January 26, 2011

State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp.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 – […]

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Habeas – Challenge to Release Date – Sentence Credit

January 26, 2011

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 Christopher L. Shelton v. Smith, 2010AP719, District 2, 1/26/11  court of appeals decision (not recommended for publication); case activity; State Resp.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 […]

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Search & Seizure – Community Caretaker

January 26, 2011

State v. Ashley M. Toliver, 2010AP484-CR, District 2, 1/26/11 court of appeals decision (3-judge, not recommended for publication); for Toliver: Elizabeth Ewald-Herrick; case activity Community caretaker doctrine supported, in the first instance, search of seemingly lost purse found in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 […]

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Counsel: Request for Substitute – Effective Assistance (Disclosure of Communications, et al.); Double Jeopardy: Bail Jumping

January 25, 2011

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 […]

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Juvenile Delinquency – Authority to Sanction 17-Year-Old

January 25, 2011

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 […]

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Judicial Disqualification – Relationship to Guardian ad litem

January 25, 2011

State v. Troy J., 2010AP670, District 1, 1/25/11 court of appeals decision (1-judge, not for publication); for Troy J.: Randall E. Paulson, SPD, Milwaukee Appellate; case activity The judge presiding over disposition-phase of a TPR wasn’t required to disqualify himself where his daughter was employed to work in the guardian […]

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Billy Joe Reynolds v. U.S., USSC No. 10-6549, Cert Granted 1/24/11

January 24, 2011

Docket Decision below (3rd Cir No. 08-4747, 5/14/10) Question Presented (by Scotusblog): Validity of the Sex Offender Registration and Notification Act and its implementing regulations. Cert petition Petitioner’s reply Scotusblog page Scotusblog analysis: The newly granted sex offender case involves an attempt to challenge the retroactive application of the Sex […]

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