On Point blog, page 1 of 1

Probation – Length of Term, Authority to Reduce

State v. Carl L. Dowdy, 2012 WI 12, affirming 2010 WI App 58; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity

¶4   We conclude that Wis. Stat. § 973.09(3)(a) does not grant a circuit court authority to reduce the length of probation.  Rather, the plain language of § 973.09(3)(a) grants a circuit court authority only to “extend probation for a stated period”

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Discovery Violation, § 971.23(1)(g) – Prejudice

State v. Joseph Hammer, 2010AP3019-CR, District 1, 11/22/11

court of appeals decision (not recommended for publication); for Hammer: Rex Anderegg; case activity

The State’s conceded discovery violation (failure to produce reports or photographs related to a trajectory rod investigation) prejudiced the defense and therefore entitles Hammer to a new trial on two counts of attempted first-degree intentional homicide: 1. the erroneously admitted trajectory rod evidence “severely undermined”

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Reasonable Suspicion, Terry Stop: High-Crime Area, Ski Mask, et al.; Appellate Procedure: State’s Waiver of Argument

State v. Deshon C. Matthews, 2011 WI App 92 (recommended for publication); for Matthews: Paul G. Bonneson; case activity

Terry Stop – Reasonable Suspicion

Reasonable suspicion supported stop of Matthews, when police on patrol saw him wearing a ski mask and hoodie late at night in a high-crime area near a woman who was walking away form him and who appeared to be frightened.

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Appellate Procedure – Affirmance on Different Theory; Search & Seizure – Plain View

State v. Jason W. Kucik, 2009AP933-CR, District 1, 11/16/10

court of appeals decision (3-judge, not recommended for publication); for Kucik: Thomas J. Nitschke; Resp. Br.; ReplyKucik Supp. Br.State’s Supp. Br.

Appellate Procedure – Affirmance on Different Theory than Posited Below

¶31      We agree with the State that it is appropriate for us to consider the alternate basis to affirm the trial court that the State raised for the first time at oral argument. 

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