On Point: 45. WI Supreme Court

Review of published court of appeals decision; case activity

Issues (composed by On Point):

If the Department of Corrections erroneously issues a probationer a discharge certificate under 973.o9(5) before the probationary term expired, but later discovers the error and proceeds to revoke the probationer, did the Department lose jurisdiction over the probationer?

If the Department retained jurisdiction over the probationer, is it equitably estopped from revoking him for conduct occurring before the probationary term expired?

Review of unpublished court of appeals decision; case activity

Issue (composed by On Point)

Does a circuit court have discretion to dismiss a refusal proceeding after the prosecution of the underlying OWI charge results in an acquittal?

This case is of obvious interest to OWI practitioners, even if its facts are unusual and, thus, not likely to arise very often. As we noted in our post about the court of appeals decision,

State v. Courtney C. Beamon, 2013 WI 47, on review of published court of appeals decision; case activity; majority opinion by Justice Roggensack

Beamon was tried for fleeing an officer under § 346.04(3), which requires proof that the person knowingly fled or attempted to elude an officer in one of three ways:  1) by willful or wanton disregard of a visible or audible signal so as to interfere with or endanger the operation of the police officer or other vehicles or pedestrians; 

State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity

¶9   The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period of confinement is structural error or subject to the application of harmless error analysis…. 

Jonathan Edward Boyer v. Louisiana, USSC 11-9953, 4/29/13

United States Supreme Court order and opinions, dismissing, as improvidently granted, the writ of certiorari to review State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011).

As explained in our post on the grant of certiorari, the issue was whether and how the state’s failure to fund indigent defense should count against the state in analyzing the defendant’s Sixth Amendment speedy trial claim under Barker v.

State v. Gerald D. Taylor, 2013 WI 34, on review of court of appeals certification; case activity

In a split decision, the supreme court holds that a defendant is not entitled to an evidentiary hearing under the long-established procedure established by State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), even though the trial court misinformed him of the maximum penalty he faced:

¶8        We hold that the defendant’s plea was entered knowingly,

State v. Taylor continues what the supreme court began in State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64:  Dismantling by implication the well-established Bangert procedures and creating new ways for trial courts to avoid evidentiary hearings on plea withdrawal motions.

Taylor’s motion clearly established enough to get an evidentiary hearing under Bangert. (¶75). So why didn’t he get one?

State v. Matthew A. Lonkoski, 2013 WI 30, affirming unpublished court of appeals decision; case activity

About 30 minutes into being questioned by police about the death of his daughter, Matthew Lonkoski said he wanted a lawyer. (¶12). Under Edwards v. Arizona, 451 U.S. 477 (1981), the invocation of the right to counsel would mean the police had to cease interrogation unless Lonkoski reinitiated the interview.

In the Matter of State v. Michael Buchanan: State ex rel. Office of State Public Defender v. Wis. Court of Appeals, District IV, 2013 WI 31, on review of petition for supervisory writ; case activity

In an important decision for all lawyers who handle criminal cases in the state appellate courts, the supreme court affirms that counsel for the defendant and the state do not need permission from a court to use,

Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity

¶3        We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional evidence. It also erred when it granted the default judgment before taking evidence sufficient to establish the grounds alleged in the amended petitions.