Question presented: Whether the U.S. Court of Appeals for the Sixth Circuit erred by holding, in direct conflict with the Courts of Appeals for the First, Fourth, Seventh, and Ninth Circuits, that a naturalized American citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement. Lower court opinion… Read more
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State v. Jimmie C. Johnson, 2015AP1233-CR, 2015AP2260-CR, 1/11/17, District 1 (not recommended for publication); case activity (including briefs) When J.T. stepped out of her car in the parking lot of the West Allis Chuck E. Cheese she spotted a purple “Crown Royal” bag outside the driver’s door of the Chevy Tahoe next to her. It contained 69… Read more
Iowa County v. J.L.R., 2016AP1459, 1/12/17 (one-judge decision; ineligible for publication); case activity (including briefs) J.L.R. challenges her ch. 51 commitment on the ground that there was insufficient evidence that she was dangerous to herself or others. The court of appeals finds sufficient evidence as to danger to others, and so affirms. J.L.R. apparently told… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues (from the petition for review and petition for cross-review) 1. Whether the offense under § 343.44(2)(ar)4. can be punished as either a misdemeanor or a felony in order to resolve ambiguity in the statutory language when the legislature’s intent was to create a… Read more
Review of a per curiam court of appeals decision; case activity (including briefs) Issues (from the petition for review): 1. When a police officer performs a lawful traffic stop, is it reasonable for the officer to make contact with the driver to ask for the driver’s name and identification and to explain the basis for… Read more
Three separate opinions in Seifert v. Balink result in a 5-2 majority upholding admission of expert medical testimony under the Daubert standard. Because Seifert is the first Wisconsin Supreme Court case interpreting this standard for admission of expert testimony, it provides guidance to lower courts and to practitioners regarding the 2011 statutory changes. The On Point summary concisely… Read more
State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs) The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence. Winberg can’t win for losing, it seems. He was stopped after an officer ran a registration check on the vehicle… Read more
Review of a published court of appeals decision, 2016 WI App 64; case activity (including briefs) Issues (from petition for review): Whether an officer’s justification to search is objectively reasonable where the suspect is not observed doing or saying anything suspicious, but cooperating in circumstances that the officer believes are suspicious? Whether counsel provided ineffective assistance… Read more
