On Point blog, page 6 of 6
Competency of Court and Time Limit, § 48.422(2) — Continuance Beyond Time Limit for Fact-Finding Hearing – Factors
State v. Robert K., 2005 WI 152, affirming unpublished opinion
Issue: Whether a TPR court lost competency to proceed because the fact-finding hearing was held more than 45 days after the contested plea hearing, the time limit set by § 48.422(2).
Holding: A continuance of the fact-finding hearing beyond the 45-day limit may properly be granted under § 48.315(2), as to which good cause was established on this record,
Appellate Procedure – Harmless Error Analysis – TPR – Exclusion of Expert Opinion Testimony
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion
For Shannon R.: Brian C. Findley, SPD, Madison Appellate
Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.
Holding:
¶71 The State’s interest in terminating parental rights promptly does not outweigh the requirements of fundamental fairness and Shannon R.’s constitutionally protected due process right to be heard in a meaningful manner.
Warrants – Good-faith Exception – “Indicia” of Probable Cause, Generally
State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219
For Marquardt: John Brinckman; Patricia A. Fitzgerald
Issue/Holding: The good-faith exception is inapplicable when indicia of probable cause are so lacking as to render official belief in its existence unreasonable. This inquiry is distinct from the question of whether the supporting facts are clearly insufficient.
¶33 Under Leon‘s rationale,
Warrants – Good-faith Exception – Sufficient Indicia of Probable Cause
State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219
For Marquardt: John Brinckman; Patricia A. Fitzgerald
Issue/Holding: The search warrant was supported by sufficient “indicia of probable cause” to trigger the good-faith exception, including the following: Marquardt had not been seen for two days following his mother’s homicide, raising suspicion about his absence; the victim was covered in a blanket,
Plea-Withdrawal, Post-sentencing — Procedure — Pleading Requirements for Evidentiary Hearing on Bangert Motion Relative to Nature of Charge
State v. James E. Brown, 2006 WI 100, reversing summary order
For Brown: Richard D. Martin, SPD, Milwaukee Appellate
Issue/Holding:
¶59 To earn a Bangert evidentiary hearing, a defendant must satisfy a second obligation. In addition to making a prima facie case that the circuit court erred in the plea colloquy, a defendant must allege he did not enter a knowing,
Prejudicial Error – Exclusion of Expert TPR Opinion Testimony
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion
Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.
Holding:
¶71 The State’s interest in terminating parental rights promptly does not outweigh the requirements of fundamental fairness and Shannon R.’s constitutionally protected due process right to be heard in a meaningful manner.
Warrants – Good-faith Exception – “Significant Investigation” Requirement of Eason
State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219
For Marquardt: John Brinckman; Patricia A. Fitzgerald
Issue/Holding: The “significant investigation” requirement of State v. Eason, 2001 WI 98 is satisfied:
¶52 Investigator Price estimated that over the course of March 13 and 14, a total of 20 law enforcement officers had become involved in the investigation of the homicide.
Expert Opinion – TPR Parent’s Ability to Meet Condition for Child’s Return
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion
For Shannon R.: Brian C. Findley, SPD, Madison Appellate
Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.
Holding:
¶40 In deciding the issue of foundation,
Guilty Pleas – Required Knowledge — Elements — Written Questionnaire Supplying Missing Information
State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999)
For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd.
Issue: Whether the trial court’s failure to advise the defendant of an element during the plea colloquy entitled him to withdraw the plea.
Holding: The plea colloquy was deficient,
Attenuation of Taint — In-Court Identification, Witness’s Independent Recollection
State v. David J. Roberson, 2006 WI 80, affirming 2005 WI App 195
For Roberson: Richard D. Martin, SPD, Madison Appellate
Issue/Holding:
¶34 An in-court identification is admissible, therefore, if the court determines that the identification is based on an independent source. … In other words, the in-court identification must rest on an independent recollection of the witness’s initial encounter with the suspect.