On Point blog, page 60 of 133
State v. Dimitrius Anagnos, 2011 WI App 118, rev. granted 1/25/12
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post
Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest
Issues (composed by On Point):
1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b).
2. Whether the officer had reasonable suspicion to stop Anagnos’
State v. Dennis D. Lemoine, 2010AP2597-CR, rev. granted 1/25/12
on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity
Involuntary Statement – Coercion
Issue (composed by On Point):
Whether Lemoine’s in-custody statement was involuntary given the following police tactics:
- promising that in exchange for the “true story” he would not go to jail that night;
- telling him that he would not be able to contact an attorney while at the jail;
Probable Cause – PBT
State v. Jason E. Goss, 2011 WI 104, affirming court of appeals summary order; for Goss: Daniel J. Chapman; case activity
¶2 We are asked to determine whether the officer’s request for the PBT breath sample was made in violation of Wis. Stat. § 343.303, which states that an officer “may request” a PBT breath sample “[i]f a law enforcement officer has probable cause to believe that the person is violating or has violated s.
State v. Joseph C. Miller, 2010AP557-CR, rev. granted 12/13/11
on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity
Terry Stop – Reasonable Suspicion
Issue (composed by On Point):
Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop.
Neither the court of appeals summary order nor Miller’s petition for review is available on-line. The briefs filed in the court of appeals indicate that Miller’s car was stopped after the police received information that he was transporting drugs.
State v. Michael L. Frey, 2010AP2801-CR, rev. granted 12/14/11
on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity
Sentencing Discretion – Reliance on Dismissed Charge
Issue (composed by On Point):
Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.”
Frey was charged with sexually assaulting two girls. Both testified at the preliminary hearing. Frey ended up pleading no contest to assaulting one,
State v. Scott E. Ziegler, 2010AP2514-CR, rev. granted 12/14/11
on certification by-pass of court of appeals; for Ziegler: Christopher William Rose; case activity; prior post
Interfering with Custody, § 948.31(2)
Issue (from Certification):
In State v. Bowden, 2007 WI App 234, 306 Wis. 2d 393, 742 N.W.2d 332, we analyzed Wis. Stat. § 948.31(2), which deals with criminal charges for interference with custody of children. There,
State v. Randy L. Martin, 2010AP505-CR, rev. granted 12/13/11
on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post
Miranda – “Interrogation”
Issue (composed by On Point):
Whether an exchange between Martin and an officer was the functional equivalent of “interrogation” so as to require interrogation.
The facts, very briefly, as taken from the court of appeals’ decision: Martin was under arrest for DC when an officer fished a gun out of his car.
State v. Lee Roy Cain, 2010AP1599, rev. granted 12/1/11
on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post
Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice
Issues (composed by On Point):
1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept the plea.
2.
State v. Roshawn Smith, 2010AP1192-CR, rev. granted 12/1/11
on review of unpublished decision; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity; prior post
Sufficiency of Evidence (Possession with Intent to Deliver) – Circumstantial Evidence Standard of Review /
Stipulation (Offense Element) – Right to Jury Trial
Issues (from Smith’s PFR):
1. The Trial Evidence Was Insufficient to Support Smith’s Conviction of Possessing a Controlled Substance (THC) With Intent to Deliver,
Ineffective Assistance of Counsel – Deficient Performance but non-Prejudicial
State v. David W. Domke, 2011 WI 95, reversing unpublished decision; for Domke: Martha K. Askins, SPD, Madison Appellate; case activity
Although Domke establishes deficient performance in several different respects, he fails to satisfy his burden of showing prejudice.
- Failure to object to hearsay testimony / medical treatment and diagnosis exception inapplicable to counselors and social workers.