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April 2011

7th circuit decision Habeas - Appeal: Appointed Counsel's Obligation to Argue Issues The court clarifies the "scope" of counsel's responsibilities when appointed on habeas appeal. Counsel has no obligation to argue claims not certified for appeal by the court. Therefore, if after independent review, "counsel agrees that the non-certified claims are not debatable, he or she can safely set aside… Read More

State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer's erroneous reading of Reierson's license plate, causing the officer to wrongly believe that his registration had expired, nonetheless supported stop of the car under the good-faith rule. ¶11      We conclude… Read More

Mental Commitment – “Fifth Standard”

Dane County v. Kelly M., 2011 WI App 69 (recommended for publication); for Kelly M.: Ruth N. Westmont, Ashley J. Richter; case activity Kelly M. appeals a commitment order premised on the "fifth standard," inability by reason of mental illness to understand the advantages and disadvantages of medication or treatment for the mental illness. ¶3        We conclude as follows:  (1)… Read More

State v. Michael D. Below, 2011 WI App 64 (recommended for publication); for Below: Joseph L. Sommers; case activity Below indisputably caused massive injuries that resulted in the victim's death, albeit after medical staff terminated life support. His reckless acts were therefore a "substantial factor" in, hence caused, her death. He was not entitled to… Read More

State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver - Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read More

State v. Herbert O. Richard, 2011 WI App 66 (recommended for publication); for Richard: Steven D. Grunder, SPD, Madison Appellate; case activity Changes in the scoring of the actuarial test which was used to support Richard's commitment at his original trial, cannot support his discharge petition even though his new score would reduce his predicted likelihood… Read More

Sex Offender Residency Restriction

Village of Menomonee Falls v. Jason R. Ferguson, 2011 WI App 73 (recommended for publication); for Ferguson: Daniel P. Fay; case activity Ferguson's guilt for violating local sex offender residence-restriction ordinance upheld, as against argument that he fell within grandfather clause exception. The ordinance bars registered sex offenders from living within 1500 feet of any facility… Read More

Fond du Lac County v. Helen E. F., 2011 WI App 72(recommended for publication), affirmed 2012 WI 50; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Alzheimer's disease is not a qualifying mental condition for purposes of ch. 51 commitment, therefore Helen E.F. is not a proper subject for treatment as a… Read More