by admin
on March 15, 2016
State v. Patrick K. Tourville, 2016 WI 17, 3/15/2016, affirming an unpublished court of appeals decision; case activity (including briefs)
Patrick Tourville pled to four crimes in a deal that called on the state to recommend a sentence no higher than the one recommended by the PSI. The PSI recommended a prison term for each count; the state recommended that these terms be run consecutively. So when the state asked for consecutive time even though the PSI didn’t, did it honor its commitment to follow the PSI? If you answered “no,” the one thing we know about you is that you’re not a member of the Wisconsin Supreme Court. [continue reading…]
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by admin
on March 15, 2016
State v. Jack M. Suriano, 2015AP959-CR, 3/15/16, District 3 (one-judge decision; ineligible for publication), petition for review granted 9/13/16, affirmed, 2017 WI 42; case activity (including briefs)
The circuit court never warned Suriano that forfeiture of his right to counsel was a possibility and did not engage Suriano in a colloquy about the difficulties and dangers of self-representation. Nonetheless, its finding that Suriano forfeited his right to appointed counsel is affirmed because the warning and colloquy are only “recommended,” and not required, procedures. [continue reading…]
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by admin
on March 15, 2016
State v. J.S., 2015AP707, District 1, 3/15/16 (one-judge decision; ineligible for publication); case activity
Applying the failure to assume parental responsibility statute, § 48.415(6), to J.S. did not violate his right to substantive due process because J.S.’s own behavior, not the CHIPS order removing his daughter S.L. from her parental home, was what prevented him from taking part in S.L.’s daily supervision and care. [continue reading…]
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by admin
on March 10, 2016
Columbia County v. Stephen M. Kokesh, 2015AP1650, District 4, 3/10/16 (one-judge decision; ineligible for publication); case activity (including briefs)
The totality of the circumstances—the driving observed by the officer and the time of the driving—provided reasonable suspicion stop Kobkesh’s car, despite Kokesh’s creative attempt to show otherwise. [continue reading…]
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by admin
on March 10, 2016
State v. Steve C. Deterding, 2015AP195-CR, 3/10/16, District 3 (not recommended for publication); case activity (including briefs)
A police officer lawfully removed the object he felt in Deterring’s pants pocket during a lawful pat-down for weapons. [continue reading…]
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by admin
on March 9, 2016
Review of an unpublished court of appeals decision; case activity (including briefs)
Issue (composed by On Point)
What is required to show that an evidentiary blood draw was conducted by a “person acting under the direction of a physician” for purposes of Wis. Stat. § 343.305(5)(b)? [continue reading…]
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by admin
on March 8, 2016
State v. Todd Brian Tobatto, 2016 WI App 28; case activity (including briefs)
The news, in this otherwise run-of-the-mill case, is the standard of review. [continue reading…]
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by admin
on March 8, 2016
State v. Jesus C. Gonzalez, 2015AP784-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs)
Gonzalez raises two challenges to his conviction, at jury trial, of reckless homicide and reckless endangerment. The court of appeals finds any error harmless. [continue reading…]
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