On Point: 45. WI Supreme Court

court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; prior post

Issue (from Certification): 

Whether understating the potential penalty during a plea colloquy can properly be deemed harmless error, and if so, where in the analytical framework of Bangert such a determination should be made.

The guilty plea court misinformed Taylor that the maximum he faced was 6,

State v. William Dinkins, Sr., 2012 WI 24, affirming 2010 WI App 163; for Dinkins: Steven D. Phillips, SPD, Madison Appellate; case activity; note: the court affirms the mandate (reversal of conviction and dismissal of charge), but “upon a different rationale,” ¶63; the net effect is, “affirmed, as modified“

Although homelessness is not in and of itself a defense to prosecution for failing to register as a sex offender, 

State v. Jeffery G. Sutton, 2012 WI 23, reversing summary order of court of appeals; for Sutton: Kaitlin A. Lamb, Colleen Ball, SPD, Milwaukee Appellate;  for amicus, WACDL: Robert R. Henak; case activity

Although presented with an unpreserved but seemingly meritorious issue (defective jury-waiver colloquy) on § 809.32 no-merit review, the court of appeals nonetheless accepted counsel’s no-merit report, thereby affirming Sutton’s conviction, and instructed him to seek relief pursuant to § 974.06 even though he was no longer in custody and the remedy was thus illusory.

State v. Basil E. Ryan, Jr., 2012 WI 16, reversing 2011 WI App 21; case activity

¶32  We begin by addressing the circuit court’s application of the equitable doctrine of judicial estoppel.  Judicial estoppel is intended “to protect against a litigant playing ‘fast and loose with the courts’ by asserting inconsistent positions” in different legal proceedings. State v. Petty,

on review of published opinion; for Avery: Keith A. Findley, Tricia J. Bushnell; case activity; prior post

Newly Discovered Evidence / Interest of Justice – New Forensic Method

Issues (composed by On Point): 

1. Whether new scientific photogrammetric analyses by expert witnesses, indicating that the suspect in video surveillance was shorter than Avery, entitles him to a new trial on the ground of newly discovered evidence.

State v. Carl L. Dowdy, 2012 WI 12, affirming 2010 WI App 58; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity

¶4   We conclude that Wis. Stat. § 973.09(3)(a) does not grant a circuit court authority to reduce the length of probation.  Rather, the plain language of § 973.09(3)(a) grants a circuit court authority only to “extend probation for a stated period”

State v. Sharon A. Sellhausen, 2012 WI 5, reversing 2010 WI App 175; for Sellhausen: Byron C. Lichstein; case activity

The trial judge’s daughter-in-law was part of the jury pool; Sellhausen didn’t seek her removal for cause, but used a peremptory to strike her, which rendered harmless any possible error in the trial judge sua sponte failing to remove the juror for cause.

State v. Daniel H. Hanson, 2012 WI 4, affirming 2010 WI App 146; for Hanson: Robert R. Henak, Chad Lanning; case activity

Fleeing, § 346.04(3) – Elements: “Willful or Wanton Disregard” 

Fleeing does not require “an evil or malicious state of mind” when disregarding an officer’s signal:

¶22  In Wis. Stat. § 346.04(3), “willful” modifies “disregard.”  In that context,

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’

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;