State v. Ryan L. Schultz, 2017AP603-CR, 12/20/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs). Schultz was convicted of operating a motor vehicle with a prohibited alcohol content 2nd offense. He sought suppression of his blood test results on the grounds that the warrant-issuing judge lacked probable cause, or alternatively, that Officer… Read more
admin
Last term, ASPD Andy Hinkel argued an important community caretaker issue that has divided state and federal courts to the Wisconsin Supreme Court. See State v. Asboth, 2015AP2051-CR. The State prevailed but perhaps only temporarily. Today the defense gained traction when SCOTUSblog featured Asboth’s petition for writ of certiorari as its Petition of the Day… Read more
State v. Darrin K. Taylor, 2016AP1956 & 1957, 12/20/2017, District 2 (not recommended for publication); case activity (including briefs) Taylor was convicted at trial of seventeen charges related to sexual assault of a child, S.F. On appeal he attacks only his conviction for causing mental harm to a child and the associated bail-jumping count. He… Read more
State v. Neil R. Hebert, 2016AP2168, 12/19/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) That’s the long and short of it. The circuit court held the officer, who had pulled Hebert over for speeding, unlawfully extended the stop to investigate an OWI, but the court of appeals reverses. We conclude Desprez validly… Read more
State v. Jose Alberto Reyes Fuerte, 2017 WI 104, reversing a published court of appeals decision, 12/19/17; case activity (including briefs) A judge taking a guilty or no contest plea is required by § 971.08(1)(c) to warn the defendant that if he or she is not a U.S. citizen the plea might result in deportation, inadmissibility, or denial of… Read more
OLR v. Michael D. Petersen, 2016AP563-D, 12/15/17 (case activity ) I am a crook. I am a cheat. I am a thief. I am a liar. I was convicted of a crime on November 9th, 2015. My conviction resulted from my intentional choice to sell my own clients down the river and then trying to… Read more
State v. Joseph T. Langlois, 2016AP1409-CR, petition for review of a published court of appeals decision granted 12/13/17; case activity (including briefs) Issues (composed by On Point): 1. Was trial counsel ineffective for failing to object to the jury instructions for self defense and accident on the lesser included charge of homicide by negligent handling… Read more
Hughes v. United States, USSC No. 17-155, certiorari granted 12/8/12 Questions presented: 1. Whether this Court’s decision in Marks v. United States, 430 U.S. 188 (1977), means that the concurring opinion in a 4-1-4 decision represents the holding of the Court where neither the plurality’s reasoning nor the concurrence’s reasoning is a logical subset of… Read more
