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January 2012

Sentencing Enhancer – Proof

State v. Christopher J. Holan, 2011AP1717-CR, District 3, 1/31/12 court of appeals decision (1-judge, not for publication); for Holan: Martha K. Askins; case activity Holan's admission to his prior felony conviction satisfied § 973.12(1); the court rejects his argument that the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 punishment because of the prior… Read More

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of Health and Human Services v. Gregory M., 2011AP1978, District 3, 1/31/12 court of appeals decision (1-judge, not for publication); for Gregory M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to support  a “primary need for residential care and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 is able to perform most… Read More

Newly Discovered Evidence – Recantation

State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12 court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003) Moore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 a purported recantation of State… Read More

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, § 346.34(1)(b). 2. Whether the officer… Read More

on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity Involuntary Statement – Coercion  Issue (composed by On Point): 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 that night; telling him that… Read More

State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12 court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity The court rejects  challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal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 circumstances, 2011 WI Act 35… Read More

Court of Appeals Publication Orders, 1/12

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. Brent T. Novy… Read More

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, coupled with a diagnosis of… Read More