On Point blog, page 130 of 133
Jury – Bias / Disqualification – Prospective Juror Familiarity with Theory of Defense
State v. Judith L. Kiernan, 227 Wis.2d 736, 596 N.W.2d 760 (1999), affirming State v. Kiernan, 221 Wis.2d 126, 584 N.W.2d 203 (Ct. App. 1998)
For Kiernan: Chad A. Lanning, Dennis M. Melowski, Barry S. Cohen, S.C.
Issue: Whether prospective jurors who had been part of a jury that two days earlier returned a verdict of guilty in a case involving the same defense attorney,
Jury – Bias / Disqualification — Inaccurate / Incomplete Response During Voir Dire
State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision
For Broomfield: Charles B. Vetzner, SPD, Madison Appellate
Issue/Holding: One prospective juror heard, before trial, other prospective jurors describe Broomfield as a “gangster” who beat up kids and was involved in “drive-bys.” The juror was chosen for the petit jury; he didn’t convey this information to the others, nor was it brought up during deliberations —
Resentencing – modification of probation before term commences.
State v. James E. Gray, 225 Wis.2d 39, 590 N.W.2d 918 (1999), affirming unpublished decision
For Gray: Helen M. Mullison
Issue/Holding: Gray was originally convicted of three counts. On postconviction motion, the trial court vacated and dismissed with prejudice one count for lack of proof, and ordered a new trial on a second count. The third count conviction, for which Gray had received probation, remained viable. However,
Sentencing – Factors – victim’s criminal record – due process right to accurate sentencing information
State v. Yolanda M. Spears, 227 Wis.2d 495, 596 N.W.2d 375 (1999), affirming State v. Spears, 220 Wis.2d 720, 585 N.W.2d 161 (Ct. App. 1998)
For Spears: Richard D. Martin. SPD, Milwaukee Appellate
Issue/Holding: Spears killed the “victim” (Young) after he assaulted her and took her purse. She entered an Alford plea to a homicide charge. At sentencing, a dispute arose as to whether Young actually used force in taking her purse (no dispute,
OWI – Implied Consent Law – Right to Counsel
State v. Dennis J. Reitter, 227 Wis.2d 213, 595 N.W.2d 646 (1999), on certification
For Reitter: Michael C. Witt, Monogue & Witt, S.C.
¶3 … where a defendant expresses no confusion about his or her understanding of the statute, a defendant constructively refuses to take a breathalyzer test when he or she repeatedly requests to speak with an attorney in lieu of submitting to the test. We also hold that because the implied consent law creates statutory privileges,
Arrest – Probable Cause – “Unmistakable” Drug Odor, Single-Occupant Automobile
State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998)
For Secrist: Patrick M. Donnelly, SPD, Madison Appellate.
Issue/Holding:
The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest,
Consent — Preliminary Breath Test
County of Jefferson v. Renz, 231 Wis.2d 293, 603 N.W.2d 541 (1999), reversing Jefferson Co. v. Renz, 222 Wis. 2d 424, 588 N.W.2d 267 (Ct. App. 1988)
For Renz: Stephen E. Mays.
Issue: Whether an officer is required to have probable cause to arrest before asking a suspect to submit to a preliminary breath test.
Holding: The “overall scheme” allows an officer to use a PBT to determine whether to arrest a suspect,
(State) Habeas Corpus – Generally
State ex rel. Fuentes v. Wisconsin Court of Appeals, 225 Wis. 2d 446, 593 N.W.2d 48 (1999)
For Fuentes: Robert T. Ruth
Issue/Holding:
¶6. The availability of habeas corpus relief arises out of the common law and is guaranteed by both the state2 and federal3 constitutions as well as by statute.4 Although a habeas corpus petition normally arises out of criminal proceedings, it is a separate civil action founded upon principles of equity.
(State) Habeas Corpus — Remedy for Court of Appeals’ Clerical Error Causing Loss of Petition for Review Deadline
State ex rel. Fuentes v. Wisconsin Court of Appeals, 225 Wis. 2d 446, 593 N.W.2d 48 (1999)
For Fuentes: Robert T. Ruth
Issue/Holding: Court of appeals’ “clerical error” (failure to mail appellate counsel a copy of its decision affirming conviction) which led to loss of deadline for filing petition for review in supreme court held remediable through writ of habeas corpus.
(State) Habeas corpus – right to raise statutory violation
State ex rel. Michael J. Hager v. Marten, 226 Wis.2d 687, 594 N.W.2d 791 (1999), affirming unpublished decision
For Hager, Gerhardt F. Getzin, SPD, Wausau
Issue/Holding: “(A) question of statutory interpretation may be considered on a writ of habeas corpus only if noncompliance with the statute at issue resulted in the restraint of the petitioner’s liberty in violation of the constitution or the court’s jurisdiction,” ¶ 2.