State v. Muhammad Sarfraz, 2014 WI 78, 7/22/14, reversing a published court of appeals opinion; opinion by Justice Gableman; case activity The supreme court holds the circuit court incorrectly concluded that evidence of prior sexual activity between Sarfraz and I.N., the complainant in his sexual assault prosecution, was not relevant to a material fact in the case, but… Read more
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State v. Nancy J. Pinno & State v. Travis J. Seaton, 2014 WI 74, 7/18/14, on certification from the court of appeals, and affirming the circuit court’s orders denying postconviction relief; majority opinion by Justice Prosser; case activity: Pinno; Seaton Deciding an issue left open by State v. Ndina, 2009 WI 21, ¶¶34-38, 315 Wis. 2d… Read more
State v. Queentesta H., 2014AP761, District 1, 7/22/14 (1-judge; ineligible for publication); case activity The circuit court did not err in answering the first question of the special verdict forms submitted to the jury in Queentesta’s TPR trial because the jury could not have reached any other conclusion regarding those questions. The first question of… Read more
County of Grant v. Daniel A. Vogt, 2014 WI 76, 7/18/14, reversing an unpublished court of appeals decision; majority opinion by Justice Prosser; case activity “Although we acknowledge that this is a close case, we conclude that a law enforcement officer’s knock on a car window does not by itself constitute a show of authority… Read more
State v. Craig C. Meier, 2013AP2863-CR, District 4, 7/17/14 (1-judge; ineligible for publication); case activity The answer matters: If the pronouncement of sentence is ambiguous the court could “clarify[] and “reimpose[]” the sentences it originally intended, Krueger v. State, 86 Wis. 2d 435, 442-43, 272 N.W.2d 847 (1979); if the sentence is illegal, it must be commuted to the lawful maximum, § 973.13. In this… Read more
Green County DHS v. Ericka L.R., 2014AP1106, District 4, 7/17/14 (1-judge; ineligible for publication); case activity Assuming the “fair and just reason” standard for plea withdrawal before sentencing also applies to motions to withdraw consent to TPR before disposition, Ericka failed to establish a fair and just reason for withdrawing her voluntary consent to termination… Read more
State v. Daniel D. Bolstad, 2013AP2139, District 4, 7/17/14 (not recommended for publication); case activity The court of appeals orders a new trial in the interest of justice because the prosecutor’s unwitting use of false testimony as critical evidence to establish that Bolstad was lying so clouded the crucial issue of credibility that it prevented… Read more
State v. Vernon D. Hershberger, 2014 WI App 86; case activity As a general rule, a person may not collaterally attack a prior judicial order or judgment in a proceeding brought to enforce that order or judgment, e.g., State v. Campbell, 2006 WI 99, ¶¶51-55, 294 Wis. 2d 100, 718 N.W.2d 649. The court of appeals holds… Read more
