April 2011

John Lavin v. Rednour, 7th Cir No. 10-3318, 4/26/11

April 28, 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 […]

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Traffic Stop – Probable Cause – Good-Faith Mistake of Fact

April 28, 2011

State v. Andrew R. Reierson, 2010AP596-CR, District 4, 4/28/11 court of appeals decision (1-judge, not for publication); for Reierson: John Smerlinski; case activity The officer’s erroneous reading of Reierson’s license plate, causing the officer to wrongly believe that his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 […]

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Mental Commitment – “Fifth Standard”

April 28, 2011

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        […]

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Reckless Homicide: “Substantial Factor” Causation, rel. to Life Support Termination

April 28, 2011

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. […]

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Appellate Procedure: Waiver (Lesser Offense Instruction) – Binding Authority (Overruled Court of Appeals Decision); Counsel: Deficient Performance – Unsettled Law; Voluntary Statements; Adult Jurisdiction over Juvenile: Post-Trial Reverse Waiver Procedure Constitutional

April 27, 2011

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 […]

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SVP Discharge Procedure: Post-Trial Changes in Actuarial Scoring

April 27, 2011

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 […]

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Sex Offender Residency Restriction

April 27, 2011

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 […]

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Mental Commitment – Sufficiency of Evidence

April 27, 2011

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 […]

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Reasonable Suspicion – Investigatory Stop; Field Sobriety Testing; Citing Unpublished Opinions

April 27, 2011

State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11 court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running […]

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Warrantless Entry: Curtilage (Implied Invitation Doctrine) – Attached Garage

April 26, 2011

State v. Ralph H. Davis, 2011 WI App 74 (recommended for publication); for Davis: Chandra N. Harvey, SPD, Madison Appellate; case activity Warrantless Entry – Curtilage – Implied Invitation Doctrine ¶9      The protections of the Fourth Amendment extend beyond the walls of the home to the “curtilage.” Oliver v. United […]

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