On Point blog, page 61 of 133
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on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post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on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post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on review of unpublished decision; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity; prior post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State v. David W. Domke, 2011 WI 95, reversing unpublished decision; for Domke: Martha K. Askins, SPD, Madison Appellate; case activity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.
Monetary Sanction, Appendix- Content Certification Rule
In the Matter of Sanctions in: State v. Gregory K. Nielsen, 2011 WI 94, remanding sanctions order; for State Public Defender: Joseph N. Ehmann; case activity; subsequent history: sanction re-imposed on remand
Monetary sanction summarily ordered by court of appeals against appellate counsel for allegedly violating appendix-content rule reversed, with following “suggestion” for procedure to be followed in such situations:
¶5 Considering the interests of the court of appeals,
State v. Abraham C. Negrete, 2010AP1702, rev. granted 10/25/11
on review of summary order (District 2); for Negrete: Jeffrey W. Jensen; case activity
Plea Withdrawal – Collateral Attack – Deportation Consequences
Issues (Composed by On Point):
1. Whether the laches doctrine bars Negrete’s motion to withdraw his guilty plea, 18 years after he entered it.
2. Whether Negrete’s assertion that he didn’t know his plea exposed him to deportation entitles him to a hearing on his motion.
State v. Jeffrey G. Sutton, 2010AP1391-CRNM, rev. granted 9/27/11
on review of summary order (District 1); for Sutton: Colleen Ball, SPD, Milwaukee Appellate; case activity
No-Merit Appeal Procedure – Remand for Evidentiary Hearing
Issues:
1. (Composed by On Point:) Whether § 809.32(1)(g) requires the court of appeals to remand a case to the circuit court for an evidentiary hearing where, during the course of a no-merit proceeding, an arguably meritorious claim for ineffective assistance of postconviction counsel becomes apparent?
State v. Tyler T., 2010AP784, District 2, 12/29/10, review granted 9/13/11
on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity
Juvenile Delinquency – Waiver Investigation Hearing
Issue (Composed by On Point):
Whether, on petition to waive a juvenile into adult court, the State may give ex parte input to a local agency making the waiver recommendation pursuant to the circuit court’s request under § 939.18(2m).
The State filed a waiver petition;
State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2011 WI App 61, review granted 8/31/11
on review of published decision; for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt: Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt)
SVP – Pre-Commitment Return to DOC Custody
Issues (Composed by On Point):
- Whether the State may bring a Wis. Stat. ch. 980 commitment petition to judgment when the respondent is in the exclusive custody of the Department of Corrections,
Fond du Lac County v. Helen E. F., 2011 WI App 72, review granted 8/31/11
on review of published decision; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity
Mental Commitment – Alzheimer’s
Issue (Composed by On Point):
Whether Alzheimer’s is a qualifying mental condition so as to support commitment under ch. 51.
See prior post, here, for further discussion.