On Point blog, page 85 of 133
Guilty Pleas – Procedure – Read-In, Generally
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: ¶27 n. 7:
This court explained the procedure for read-in charges in Austin v. State, 49 Wis. 2d 727, 183 N.W.2d 56 (1971). When charges are read in during sentencing, the defendant admits to having committed the underlying crimes, but does not plead guilty to the charges,
Guilty Pleas – Procedure – Read-In, Existence of
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: In order to trigger read-in procedure there must be a sufficient showing of an agreement to read in the offense at issue:
¶28 Nowhere in the transcript of the plea hearing, the transcript of the sentencing hearing, the transcript of the adjourned sentencing hearing,
§ 910.02: Original of Surveillance Tape Required But if Destroyed without Bad Faith, Testimony of Contents Allowed, § 910.04(1) – “Unplayable” Tape Tantamount to Destroyed
State v. William Troy Ford, 2007 WI 138, affirming unpublished decision
For Ford: Ralph J. Sczygelski
Issue/Holding: A surveillance tape that became unplayable was “destroyed” within the meaning of § 910.04(1), and its contents could be testified to by pre-destruction viewers:
¶68 We are satisfied that where a tape is damaged and unplayable, the proponent of the evidence makes reasonable efforts to restore the tape to playability,
Delivery of Controlled Substance – Sufficiency of Evidence (and Corroboration of Confession Rule)
State v. Edward Bannister, 2007 WI 86, 302 Wis. 2d 158, 734 N.W.2d 892, reversing 2006 WI App 136
Issue/Holding: Bannister’s confession to giving morphine to someone who died from an overdose of the substance was sufficiently corroborated to support his his conviction:
¶ 22 We first address whether the State satisfied the corroboration rule during the course of Bannister’s trial. The corroboration rule is a common-law standard.
Binding Authority – Consideration of Foreign Authority When Wisconsin Law Is Unclear
State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion
For Muckerheide: Mark S. Rosen
Issue/Holding:
¶38 We agree with the State’s assertion that cases from other jurisdictions are not binding on Wisconsin courts. State ex rel. E.R. v. Flynn, 88 Wis. 2d 37, 46, 276 N.W.2d 313 (Ct. App. 1979). We recognize that such case law is oftentimes helpful,
TPR — Prior TPR as Grounds, Based on Default Judgment
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision
Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order was based on her default for failing to personally appear at the fact-finding hearing.
Holding:
¶27 We agree with the court of appeals that to require more evidence than a prior involuntary termination order to satisfy Wis.
TPR — Partial Summary Judgment (as to Fact-Finding Hearing) – Basis and Proof – Prior TPR, Grounds for
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision
Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order did not state the explicit § 48.415 ground relied on.
Holding:
¶2 We conclude that Wis. Stat. § 48.415(10)(b) does not require proof of which § 48.415 ground was relied upon for a prior termination of parental rights because the phrase,
Parental Responsibility / Fitness, § 48.415(6) – Relevance of Father’s Conduct After Discovery He Is Child’s Father
State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals.
Issue/Holding:
¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental responsibility under Wis. Stat. § 48.415(6), a circuit court must consider the biological father’s efforts undertaken after he discovers that he is the father but before the circuit court adjudicates the grounds of the termination proceeding.
Pre-Miranda Silence
State v. Thomas S. Mayo, 2007 WI 78, affirming unpublished opinion
For Mayo: Keith A. Findley, UW Law School
Issue/Holding:
¶46 We agree with Mayo’s position, and the State’s concession at oral argument, that the prosecutor’s remarks on Mayo’s pre-Miranda silence, and the testimony she elicited in that regard, during the State’s opening statement and case-in-chief, violated Mayo’s right to remain silent under the Fifth Amendment of the United States Constitution,
Briefs – Argument – Concession of Error by State
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15For Johnson: Eileen A. Hirsch, SPD, Madison Appellate
Issue/Holding:
¶14 … The State concedes before this court, as it did in the court of appeals, that Johnson did not freely consent to the search of his vehicle. [4] …
[4] The dissent faults the State for making this concession.