January 2012

Sentencing Enhancer – Proof

January 31, 2012

State v. Christopher J. Holan, 2011AP1717-CR, District 3, 1/31/12 court of appeals decision (1-judge, not for publication); for Holan: Martha K. Askins; case activity Holan’s admission to his prior felony conviction satisfied § 973.12(1); the court rejects his argument that the record must show his knowledge that  he faced increased […]

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Protective Placement – Sufficiency of Evidence

January 31, 2012

Outagamie County Department of Health and Human Services v. Gregory M., 2011AP1978, District 3, 1/31/12 court of appeals decision (1-judge, not for publication); for Gregory M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to support  a “primary need for residential care and custody,” § 55.08(1)(a), notwithstanding that ” Gregory […]

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Newly Discovered Evidence – Recantation

January 26, 2012

State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12 court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003) Moore seeks relief on the basis of newly discovered evidence in the form of […]

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State v. Dimitrius Anagnos, 2011 WI App 118, rev. granted 1/25/12

January 26, 2012

on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest Issues (composed by On Point):  1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, […]

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State v. Dennis D. Lemoine, 2010AP2597-CR, rev. granted 1/25/12

January 26, 2012

on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity Involuntary Statement – Coercion  Issue (composed by On Point):  Whether Lemoine’s in-custody statement was involuntary given the following police tactics: promising that in exchange for the “true story” he would not go to jail […]

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CCW, § 941.23 (Pre-Act 35 Amendment) – Facially Constitutional

January 26, 2012

State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12 court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity The court rejects  challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified […]

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Court of Appeals Publication Orders, 1/12

January 25, 2012

court of appeals publication orders, 1/25/12 On Point posts from this list: 2012 WI App 2 State v. Anthony L. Prineas 2012 WI App 6 State v. Kenneth M. Sobczak 2012 WI App 7 State v. Damon Keith Sutton 2012 WI App 8 State v. Anthony D. Guard 2012 WI App 10 State v. […]

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Mental Health Commitment – Sufficiency of Evidence

January 25, 2012

Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12 court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, […]

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Guilty Plea Colloquy: “Hampton” Advisal – No Manifest Injustice

January 24, 2012

State v. James Lee Johnson, 2012 WI App 21 (recommended for publication); for Johnson: Melinda A. Swartz, SPD, Milwaukee Appellate; case activity The guilty plea colloquy was defective, in that it failed to advise Johnson that the trial court wasn’t obliged to follow the terms of the plea bargain (here: […]

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Ineffective Assistance – Photo Array; Ineffective Assistance – Generally; Ineffective Assistance – Postconviction Counsel, Generally

January 24, 2012

State v. Kwesi B. Amonoo, 2011AP566, District 1, 1/24/12 court of appeals decision (not recommended for publication); for Amonoo: Robert N. Meyeroff; case activity Amonoo fails to show that trial counsel provided ineffective assistance with respect to pretrial identification procedure (context: “sufficient reason” to overcome serial litigation bar following direct […]

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