On Point blog, page 50 of 87
Counsel: Request for Substitute – Effective Assistance (Disclosure of Communications, et al.); Double Jeopardy: Bail Jumping
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply
Request for New Counsel
An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant requests change of counsel,
Counsel – Waiver; Plea-Withdrawal – Issuance of Worthless Check – Elements
State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10
court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp.
Counsel – Waiver
The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed without counsel, and was aware of the difficulties and dangers of self-representation,
Miranda – Custody; Lesser Included Offense Instruction
State v. Tony Lamont Jackson, 2010AP351-CR, District 1, 12/14/10
court of appeals decision (3-judge, not recommended for publication); for Jackson: Hans P. Koesser; Jackson BiC; State Resp.; Reply
Miranda – Custody
Initially treated at the scene of a shooting by the police as a witness rather than suspect, Jackson voluntarily accompanied the police to the station to continue providing information,
State v. Michael S. Henderson, Milwaukee Co. Circ. Ct. No. 10CF1101
circuit court decision (Judge Richard Sankovitz); for Henderson: Paul A. Ksicinski, SPD, Milwaukee Trial
Illegal Voting, § 12.13(1)(a) – Voting Rights Acts
Henderson is charged with illegal voting because he allegedly voted notwithstanding his status as a felon still under supervision (which would made him ineligible to vote). He raises as a defense the Voting Rights Act of 1965, 45 U.S.C. § 1973(a): the Act bars disenfranchisement “on account of race”
OWI – § 346.65(2), Second or Subsequent Offense: Out-of-State Administrative Non-Refusal (“Zero Tolerance”) Suspension
State v. Gerard W. Carter, 2010 WI 132, reversing 2009 WI App 156; for Carter: Craig M. Kuhary; State BiC; Carter Resp.; Reply
Prior DL suspension under Illinois’ “zero tolerance” law (which suspends or revokes operating privileges of drivers under legal drinking age with any alcohol concentration) satisfies § 343.307(1)(d) and therefore supports OWI enhancement,
§ 944.20(1)(a), Lewd & Lascivious
State v. Andrew J. Bolin, 2009AP2425-CR, District 4, 11/24/10
court of appeals decision (1-judge, not for publication)
The crime of lewd and lascivious behavior applies to non-consensual as well as consensual acts with another.
¶9 The language at issue is unambiguous as applied to the facts in this case. The subsection prohibits “an indecent act of sexual gratification with another with knowledge that they are in the presence of others.” WIS.
Sex Offender Registration Requirement Where Homeless
State v. William Dinkins, Sr., 2010 WI App 163, review granted 3/16/11; for Dinkins: Steven D. Phillips, SPD, Madison Appellate; Dinkins BiC; State Resp.; Reply
A prisoner subject to sex offender registration requirement, § 301.45, isn’t subject to criminal penalty for failing, on impending release, to notify authorities of his intended “residence” where he will be homeless.
Multiplicity: § 948.40(1) (4)(a) as Lesser of § 940.02(2)(a); Contributing to Delinquency with Death as Result; Instructions – First-Degree Reckless Homicide; Prosecutorial Misconduct – “Haseltine”
State v. Patrick R. Patterson, 2010 WI 130, affirming 2009 WI App 181; for Patterson: David R. Karpe; Patterson BiC; State Resp.; Reply
Multiplicity – § 948.40(1) (4)(a) as Lesser Offense of § 940.02(2)(a)
Contributing to the delinquency of a minor with death as a result, § 948.40(1), (4)(a) is not a lesser offense of first-degree reckless homicide,
Unlawful Use of Phone – Sufficiency of Evidence; Best Evidence Rule; Citation of Unpublished Caselaw
State v. Kurt Daniel Schmidt, 2010AP1104-CR, District 3, 11/16/10
court of appeals decision (1-judge, not for publication); for Schmidt: Andrew John Laufers; Schmidt BiC; State Resp.; Reply
Unlawful Use of Phone – Sufficiency of Evidence
Evidence held sufficient to sustain conviction for violating § 947.012(1)(c). The second of two calls anonymously made by Schmidt in a matter of minutes to his wife during a pending divorce with custody in dispute,
OWI – Refusal
State v. Robert J. Ruggles, 2010AP1587, District 2, 11/3/10
court of appeals decision (1-judge, not for publication); for Ruggles: Robert C. Raymond; BiC; Resp.
A driver doesn’t have a constitutional right to be informed that a blood draw could be performed without his consent.
¶9 It is well established that there is no constitutional right to refuse a request for a chemical test.