February 2011

Confrontation – Statements Made to Police During “Ongoing Emergency” not “Testimonial” Hearsay

February 28, 2011

Michigan v. Bryant, USSC No. 09-150 At respondent Richard Bryant’s trial, the court admitted statements that the victim, Anthony Covington, made to police officers who discovered him mortally wounded in a gas station parking lot. … We hold that the circumstances of the interaction between Covington and the police objectively indicate […]

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Habeas – Procedural Default – Applicable to “Discretionary” Postconviction Deadline

February 25, 2011

Walker v. Charles W. Martin, USSC No. 09-996, 2/23/11 State court time limit for seeking postconviction relief needn’t be “fixed,” but instead may be discretionary in nature, for purposes of the habeas default rule. In a recent decision, Beard v. Kindler, 558 U. S. ___ (2009), this Court clarified that […]

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Witness Sequestration Order, § 906.15(3): Authority to Bar Access to Transcript

February 25, 2011

State v. Derek J. Copeland, 2011 WI App 28; for Copeland: David Leeper; case activity Trial court has discretion under § 906.15(3) to order an attorney not to discuss with a sequestered witness who hasn’t yet testified the testimony of other witnesses; this authority extends to barring counsel from providing […]

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Plea Withdrawal – Hampton Hearing

February 24, 2011

State v. Robert S. Powless, 2010AP1116-CR, District 3/4, 2/24/11 court of appeals decision (not recommended for publication); for Powless: Leonard D. Kachinsky; case activity At an evidentiary hearing on a “Hampton” violation (failure to assure defendant knows the judge isn’t bound by the plea agreement), the State satisfied its burden […]

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Machner Hearing; Mistrial

February 24, 2011

State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing on ineffective assistance of counsel. ¶21      A postconviction hearing is necessary […]

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TPR – Therapy Privilege, § 905.04(1)(b)

February 24, 2011

Winnebago County DHS v. Jenny L. G.-J., 2009AP2956, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Jenny L. G.-J.: Theresa J. Schmieder; case activity The privilege attaching to interactions under direction of a family therapist, § 905.04(1)(b), doesn’t apply to information obtained by “dispositional staff” providing […]

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Terry Stop

February 23, 2011

State v. Nicholas Fex, 2010AP1794-CR, District 1, 2/23/11 court of appeals decision (1-judge, not for publication); for Fex: Wendy A. Patrickus; case activity Reasonable suspicion supported stop of only car seen leaving bar parking lot, at high rate of speed, following report of fight at the bar. ¶8        Based on the totality […]

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Terry Stop

February 23, 2011

City of Mequon v. Monica Maureen Cooley, 2010AP2142, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Cooley: Dudley A. Williams; case activity Reasonable suspicion supported early-morning stop of car in otherwise empty parking lot. ¶7        We agree with the circuit court that Brandemuehl conducted a lawful Terry stop.  Brandemuehl could point […]

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Ch. 51 Commitment – Extension

February 23, 2011

Waukesha County v. Kathleen R. H., 2010AP2571-FT, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Kathleen R.H.: Paul G. LaZotte, SPD, Madison Appellate; case activity The evidence supported ch. 51 mental health recommitment for a period of 12 months. ¶8        Here, Kathleen misconstrues WIS. STAT. § 51.20(1)(am) as requiring proof, […]

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TPR – Grounds

February 23, 2011

Walworth County DH&HS v. Andrea O., 2010AP2938, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Andrea O.:  Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence supported jury verdict on abandonment as to grounds for terminating parental rights, as against claim of good cause (incarceration) for conceded […]

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