On Point: 11. Defense Wins

State v. Randy L. Martin, 2012 WI 96, reversing unpublished decision; case activity

Miranda – “Custodial Interrogation”  

Martin was arrested for disorderly conduct and handcuffed at the scene of an otherwise unrelated incident (¶6, id. n. 6). Search of his car yielded a gun. When an officer asked him, Martin denied ownership. The officer then prepared to arrest Henry, Martin’s companion,

State v. Joseph J. Spaeth, 2012 WI 95, on certification; case activity

Probationer’s statement, compelled by rules of his supervision, is covered by derivative as well as use immunity in a criminal prosecution.

¶3   We hold that the statement that Spaeth made to Oshkosh police was derived from the compelled, incriminating, testimonial statement that he made to his probation agent.  Thus,

State v. Harry Thompson, 2012 WI 90, reversing unpublished decision; case activity

Section 970.02(1)(a) imposes several mandatory duties at initial appearance: the judge must inform the defendant of the charge, furnish him with a copy of the complaint, and personally inform him of the penalties for any felonies in the charge; and, the complaint must set forth the possible penalties, ¶62. These obligations apply to any offense in the complaint carrying a mandatory minimum sentence, 

State v. Kami L. Jennings, 2011AP2206-CR, District 2, 6/27/12

court of appeals decision (1-judge, ineligible for publication); case activity

Evidence, introduced by the State, as to the defendant’s belief in reincarnation was inadmissible:

¶15      While the parties did not brief the issue, we hold that Jennings’ testimony should have been excluded as inadmissible character evidence under Wis. Stat. § 904.04(1).  See State v.

State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12

court of appeals decision (not recommended for publication); case activity

Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.”

 ¶17      Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any meaningful way was deficient because it was not,

State v. Willie H. Jackson, 2012 WI App 76 (recommended for publication); case activity

§ 973.048(1m) (2003-04) authorizes the sentencing court to require sex offender registration under § 301.45 for conviction of enumerated crimes, “if the court determines that the underlying conduct was sexually motivated as defined in s. 980.01(5)” and public protection would be advanced thereby. (“Sexually motivated,” as might be imagined, means that “sexual arousal or gratification”

MaryBeth Lipp v. Outagamie County Dept. of Health and Human Services, 2011AP152, District 3, 6/5/12

court of appeals decision (not recommended for publication); case activity

Failure to decide a guardianship petition within the statutorily mandated 90 days of filing (§ 54.44(1)) caused the trial court to lose competency to proceed. Lack of objection didn’t waive the issue, ¶¶11-12, citing Village of Trempealeau v. Mikrut,

State v. Wayne P. Harris, 2012 wI App 79(recommended for publication); for Harris:  Attorney Gary Grass; case activity

We know that “[a] defendant has a due process right to be sentenced based on accurate information.”  See State v. Tiepelman, 2006 WI 66, ¶9, 291 Wis. 2d 179, 717 N.W.2d 1  But what happens when the sentencing court relies upon a DOC-prepared revocation summary that is “technically true but misleading” or that is “written in a way that that invite[s] the court to draw negative inferences”? 

seventh circuit court of appeals decision

Habeas Review – Batson Claim 

The State’s pattern of peremptory strikes – at least 15, possibly 17, out of 20, directed at African-Americans – was so “disproportionate” as to “give[] rise to an inference of discrimination.” This is so, despite Harris limiting his challenges to 9 of these 17 strikes: “that does not make the pattern of strikes any less probative.” The strongly deferential nature of habeas review notwithstanding,

Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12

court of appeals decision (1-judge, not publishable); for Janeen J.C.: Katie R. York, SPD, Madison Appellate; case activity

The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189 Wis. 2d 1,