On Point blog, page 67 of 133
OWI – § 346.65(2), Second or Subsequent Offense: Out-of-State Administrative Non-Refusal (“Zero Tolerance”) Suspension
State v. Gerard W. Carter, 2010 WI 132, reversing 2009 WI App 156; for Carter: Craig M. Kuhary; State BiC; Carter Resp.; Reply
Prior DL suspension under Illinois’ “zero tolerance” law (which suspends or revokes operating privileges of drivers under legal drinking age with any alcohol concentration) satisfies § 343.307(1)(d) and therefore supports OWI enhancement,
Madison Metro. School Dist. v. Circuit Court for Dane County, 2009AP2845-W, review granted 10/27/10
decision below: supervisory writ, not posted on-line
Issue (from Table of Cases):
Whether a circuit court, pursuant to Wis. Stat. § 120.12(18) (school district has a duty to coordinate and provide continuity of educational programming for pupils receiving education services as the result of a court order under § 938.34(7d)) and § 938.45 (court may take certain actions if the district contributed to delinquency of minor) has the authority to craft an order which would override a school district’s prior determination to expel a juvenile under § 120.13(1)(c)1.
Multiplicity: § 948.40(1) (4)(a) as Lesser of § 940.02(2)(a); Contributing to Delinquency with Death as Result; Instructions – First-Degree Reckless Homicide; Prosecutorial Misconduct – “Haseltine”
State v. Patrick R. Patterson, 2010 WI 130, affirming 2009 WI App 181; for Patterson: David R. Karpe; Patterson BiC; State Resp.; Reply
Multiplicity – § 948.40(1) (4)(a) as Lesser Offense of § 940.02(2)(a)
Contributing to the delinquency of a minor with death as a result, § 948.40(1), (4)(a) is not a lesser offense of first-degree reckless homicide,
State v. Esteban M. Gonzalez, 2010 WI App 104, review granted 10/27/10
prior post: here; background summary by court: here
Issues (from Table of Cases):
Whether a pattern jury instruction confused or mislead a jury such that the instructions violated a defendant’s due process rights.
Whether a trial court erred in its handling of a jury’s questions during deliberations.
Whether particular evidence constituted substantial facts sufficient to corroborate the defendant’s alleged statements under the corroboration rule (See State v.
State v. Charles Lamar, 2009 WI App 133, review granted 10/27/10
Prior post: here; background summary by court: here
Issue (from Table of Cases):
Whether, at resentencing, a defendant would be entitled to credit on a new sentence for time spent confined on a vacated sentence, which was served concurrently with another non-vacated sentence, when the new sentence is imposed consecutively to all other sentences (See Wis. Stat. § 973.04).
State v. Brian T. St. Martin, No. 2009AP1209-CR, review granted 10/27/10
decision below: certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; court of appeals briefs: Resp.; Reply
Issue (from Table of Cases):
Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident expressly refuses consent,
State v. Shantell T. Harbor, 2009AP1252-CR, Wis SCt rev granted 9/22/10
decision below: unpublished; for Harbor: Joseph E. Redding; court of appeals briefs: BiC; Resp.; Reply
Issues (from Table of Pending Cases):
Whether a defendant presented a new factor entitling sentence modification (See State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989).
Whether a defendant demonstrated ineffective assistance of counsel under Strickland v.
State v. Donovan M. Burris, 2009AP956-CR, Wis SCt rev granted 9/21/10
decision below: unpublished; prior On Point post; for Burris: Byron C. Lichstein
Issue (from Table of Pending Cases):
Was the trial court’s supplemental jury instruction that was issued in response to a question from the jury and that quoted verbatim from a Supreme Court opinion an impermissibly misleading instruction under the standards established by State v. Lohmeier, 205 Wis. 2d 183,
State v. Olu A. Rhodes, 2009AP25, Wis SCt rev Granted 9/24/10
decision below: unpublished; prior On Point post; for Rhodes: John J. Grau
Issue (from Table of Pending Cases):
Whether a criminal defendant’s constitutional right to confront a witness in cross-examination was infringed, and, if so, whether the infringement was harmless error.
Homicide case, tried on State’s theory Rhodes had motive to kill victim for beating Rhodes’ sister; court of appeals reversed because trial judge cut off cross-examination that Rhodes did not react violently in response to prior harm inflicted by victim on sister.
State v. David D. Funk, 2008AP2765-CR, Wis SCt Rev Granted 9/24/10
decision below: unpublished summary disposition; for Funk: Michele Anne Tjader
Issue (from Table of Pending Cases):
Whether a juror was subjectively and/or objectively biased under the test set forth in State v. Delgado, 223 Wis. 2d 270, 588 N.W.2d 1 (1999).
Briefs, appellate decision, petition for review: none is posted, so you can’t readily tell what the case is about. CCAP indicates that this is a sexual assault case and that the judge granted new trial because a juror failed to reveal on voir dire she’d been a sexual assault victim herself.