On Point blog, page 1 of 1
In big defense win, COA holds that 46 month delay was a violation of defendant’s constitutional right to a speedy trial
State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); petition for review granted 10/7/24, reversed 6/27/25 case activity
In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint.
COA affirms postconviction court’s reconstruction of the record, denies Brady violations
State v. Scott L. Nutting, 2017AP2049, 10/2/19, District 2, (not recommended for publication); case activity (including briefs)
At Nutting’s trial for sexual assault of a child, the State played parts of an audio recording of his custodial interview, but court and counsel neglected to make a record of them. Some would have been highly prejudicial to Nutting, so he requested a new trial. The court of appeals held that the postconviction court, the DA and defense counsel were able to reconstruct the record sufficiently to give Nutting a meaningful appeal. It also denied Nutting’s claims for Brady violations.
Missing video dooms claim for ineffective assistance of trial counsel
State v. Samantha H. Savage-Filo, 2018AP996-CR, 1/9/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs).
Savage-Filo claimed that her trial counsel was ineffective for, among other things, failing to investigate electronic discovery and incorrectly assessing the strength of a video allegedly showing her take a purse (filled with jewelry) left in a cart at a store parking lot. S-F argues that the appalling quality of the video shows that the State had little evidence against her. Her trial counsel failed to appreciate this and pushed her to plead.
Driver’s failure to yield on entering roundabout justified traffic stop
State v. Nicholas C. Wegner, 2017AP2236-CR, District 2, 10/23/18 (not recommended for publication); case activity (including briefs)
A police officer testified he was proceeding through a traffic roundabout when Wegner, ignoring the yield signs posted for vehicles entering the roundabout, entered directly in front of the officer and caused the officer to have to brake to avoid hitting Wegner. (¶4). This conduct justified the officer’s stop of Wegner.
Court scolds State for shoddy advocacy, holds alleged “stop” was actually an arrest without probable cause
State v. Thomas J. Anker, 2014 WI App 107; case activity
If a conservation warden shouted “you’re under arrest,” ordered you to stop walking, forcibly handcuffed you, and restrained you in his car until he could turn you over to investigating authorities, would you think you were under arrest or simply “temporarily detained”? The State, with a straight face, claimed these facts showed a Terry stop. The court of appeals, with a stern tone, rebuked the State and sharply criticized its brief.
Lack of proof dooms claim that statement to probation agent was compelled by threat of revocation
State v. Gregory M. Sahs, 2013 WI 51, on review of unpublished court of appeals decision; case activity
Sahs, on probation for child pornography, admitted to his probation agent that he again possessed child pornography. He was charged based on evidence seized as a result of his admission. He sought to suppress the evidence, claiming his admissions were compelled by the threat of revocation if he didn’t give his agent a true and accurate account of his activities.
Reconstruction of Missing Evidence
State v. Jerry L. Parker, 2002 WI App 159, PFR filed 5/20/02
For Parker: William Christopher Rose
Issue: Whether the principle of State v. Perry, 136 Wis. 2d 92, 401 N.W.2d 748 (1987) (missing transcript that can’t be re-created requires new trial) applies to posttrial destruction of potentially exculpatory evidence (taped drug transaction) given to the defense before trial but never introduced into the record.