State v. Joseph B. Reinwand, 2017AP850-CR; certification granted 9/4/2018; case activity (including briefs) Issues (from the court of appeals’ certification): 1. Whether the doctrine that provides for the forfeiture of the right to confrontation by wrongdoing applies at a homicide trial where the declarant is the homicide victim, but where the defendant killed the declarant to prevent… Read more
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State v. Michael A. Keister, 2017AP1618-CR, state’s petition for review granted 9/4/2018; case activity (including briefs) Issues (based on the state’s petition for review ) Does a person have a fundamental liberty interest in participation in a treatment court funded by the state and county when he or she is charged with an offense involving… Read more
State v. Norris W. Culver, 2018 WI App 55; case activity (including briefs) Wisconsin Stat. § 942.09(3m)(a)2. prohibits a person from posting or publishing “private representations” without the consent of the person depicted in the representation. The court of appeals rejects Culver’s claim that the statute is void because it’s overbroad and vague. The court also… Read more
State v. Ronald Lee Baric, 2018 WI App 63; case activity (including briefs) Police failed to read Baric his Miranda rights, but the court of appeals still found that he consented to a search of his computer. It also resolved a 4th Amendment issue of first impression for Wisconsin: a person has no reasonable expectation of… Read more
On Point needs some maintenance and updating, so we’re on a short hiatus [NOUN: a pause or gap in a sequence, series, or process. ORIGIN: Mid 16th century (originally denoting a physical gap or opening): from Latin, literally ‘gaping,’ from hiare ‘gape’]. See you after Labor Day… Read more
Village of Pleasant Prairie v. Brian Lucas, 2017AP2131, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity This pro se defendant’s challenges to his OWI conviction go nowhere. His argument that the trial court erred in delaying the trial so he could obtain appointed legal counsel is undeveloped, and in any event founders straight… Read more
Monroe County DHS v. J.N.D., 2018AP177, District 4, 8/23/18 (one-judge decision; ineligible for publication); case activity The court of appeals rejects J.N.D.’s argument that her TPR trial should be redone because the real controversy wasn’t fully tried. J.N.D. and B.S. are the parents of G.S. The county petitioned to terminate their parental rights on continuing… Read more
Sheboygan County DHHS v. K.N.L., 2017AP2413, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity K.N.L. asserts a prospective juror (“Juror J.”) was biased and so the circuit court erred in declining to strike her for cause. Applying Wisconsin’s case law governing jury bias (summarized at ¶¶13-16), the court of appeals affirms the circuit court’s conclusion… Read more
