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’11-12

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

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on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity Terry Stop – Reasonable Suspicion Issue (composed by On Point):  Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop. Neither the court of appeals summary order nor Miller’s petition for review… Read More

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on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity Sentencing Discretion – Reliance on Dismissed Charge Issue (composed by On Point):  Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.” Frey was charged with sexually assaulting two girls. Both testified at the… Read More

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on certification by-pass of court of appeals; for Ziegler: Christopher William Rose; case activity; prior post Interfering with Custody, § 948.31(2)  Issue (from Certification):  In State v. Bowden, 2007 WI App 234, 306 Wis. 2d 393, 742 N.W.2d 332, we analyzed Wis. Stat. § 948.31(2), which deals with criminal charges for interference with custody of children.  There, we stated that withholding custody of a child “addresses… Read More

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on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post Miranda – “Interrogation”  Issue (composed by On Point): Whether an exchange between Martin and an officer was the functional equivalent of “interrogation” so as to require interrogation. The facts, very briefly, as taken from the court of appeals’ decision: Martin was under arrest… Read More

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on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice Issues (composed by On Point):  1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept… Read More

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on review of unpublished decision; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity; prior post Sufficiency of Evidence (Possession with Intent to Deliver) – Circumstantial Evidence Standard of Review /  Stipulation (Offense Element) – Right to Jury Trial Issues (from Smith’s PFR):  1. The Trial Evidence Was Insufficient to Support Smith’s Conviction of Possessing a… Read More

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on review of summary order (District 2); for Negrete: Jeffrey W. Jensen; case activity Plea Withdrawal – Collateral Attack – Deportation Consequences  Issues (Composed by On Point): 1. Whether the laches doctrine bars Negrete’s motion to withdraw his guilty plea, 18 years after he entered it. 2. Whether Negrete’s assertion that he didn’t know his… Read More

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