On Point blog, page 1 of 4
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Parole Eligibility, When Set by Court
State v. Jeremy J. Byrge, 2000 WI 101, 237 Wis. 2d 197, 614 N.W.2d 477, affirming as modified State v. Byrge, 225 Wis. 2d 702, 594 N.W.2d 388
For Byrge: Steven P. Weiss, SPD, Madison Appellate
Issue: “(W)hether a circuit court, before accepting a plea of guilty or no contest [to a crime punishable by life imprisonment], must inform a defendant that it possesses the authority to fix the parole eligibility date.”
SVP – Trial – Necessity of Objection to Insufficient Proof
State v. Dennis R. Thiel (I), 2000 WI 67, 235 Wis. 2d 823, 612 N.W.2d 94, on certification from court of appeals
For Thiel: John D. Lubarsky, SPD, Madison Appellate
Issue: Whether the ch. 980 respondent waived his objection to insufficient proof by absence of objection.
Holding: “(T)he subject of a commitment petition under ch. 980 is not required to voice an objection to the allegations contained in the petition….
Appellate Procedure: Finality of Order — Subsequent Order Superceding Prior Order
State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999)
For Richter: Susan Alesia, SPD, Madison Appellate
Issue: Whether the second of two competing orders granting a suppression motion superceded the first, so as to make the state’s notice of appeal timely.
Holding: Under the circumstances, the trial court clearly intended the second order to supercede the first and the notice of appeal was therefore timely.
Notice of Appeal – Indigency Filing – by Fax
State v. Ronald G. Sorenson, 2000 WI 43, 234 Wis. 2d 648, 611 N.W.2d 240, reversing unpublished decision of court of appeals
Issue: “(W)hether Wis. Stat. § 801.16(2), under which ‘papers that do not require a filing fee’ may be filed by facsimile transmission, permits indigent parties to file a notice of appeal by facsimile.”
Holding: ¶5:
We hold that a notice of appeal may be filed by facsimile transmission because a notice of appeal is not a paper that requires a filing fee to confer jurisdiction.
Sentence Credit – Home Detention
State v. Paul E. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, reversing unpublished decision
For Magnuson: Keith A. Findley, UW Law School
Issue: Whether a defendant is entitled to sentence credit for time spent in home detention with electronic monitoring as a condition of bond.
Holding: Custody for sentence credit purposes is determined by whether the defendant’s status subjects him/her to an escape charge and,
Closing Argument — Failure to Move for Mistrial
State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 038
For Davidson: Jerome F. Buting & Pamela Moorshead
Issue: Whether objection to the prosecutor’s closing argument was waived by failing to move for mistrial.
Holding: Although Davidson objected to the closing argument, his failure to also move for mistrial waived the objection.
Restitution — Limitations — Federal ERISA Preemption — pension fund assets
State v. David W. Oakley, 2000 WI 37, 234 Wis. 2d 528, 609 N.W.2d 786, reversing State v. Oakley, 226 Wis. 2d 437, 594 N.W.2d 827 (Ct. App. 1999)
For Oakley: Timothy T. Kay
Issue: “(W)hether a circuit court may require payment of an old, unpaid fine that was imposed in a prior sentence as a condition of probation for a new conviction when violation of the condition of probation exposes the defendant to incarceration in county jail for more than six months.”
Double Jeopardy – Multiplicity: Child Enticement – Single Act
State v. William J. Church, 2000 WI 90, 223 Wis. 2d 641, 589 N.W.2d 638, dismissing review as improvidently granted, thereby affirming State v. Church , 223 Wis. 2d 641, 589 N.W.2d 638 (Ct. App. 1998)
For Church: James L. Fullin, SPD, Madison Appellate
Issue: Whether the child enticement statute, § 948.07, supports multiple charges and punishments based on a single act.
Warrants – Good-faith Exception – Reliance on Judge-made Law
State v. Lisa Orta and Ricardo Ruiz, 2000 WI 4, 231 Wis.2d 782, 604 N.W.2d 543, reversing unpublished decision
For Orta: Mark F. Nielsen, Schwartz, Tifte & Nielsen
For Ruiz: Michael P. Reisterer, Jr.
For amici (SPD & WACDL): Mary E. Waitrovich, SPD, Madison Appellate, & Howard B. Eisenberg
Issue: Whether the exclusionary rule applies where the police rely on judge-made law that automatically countenanced all no-knock entries to search for drugs and that law was subsequently overturned.
Reasonable Suspicion – Stop – Duration – Traffic Offense – Asking for Passenger’s Identification Following Lawful Stop
State v. Terry Griffith, 2000 WI 72, 236 Wis. 2d 48, 613 N.W.2d 72, affirming unpublished decision of court of appeals
For Griffith: Paul G. LaZotte
Issue: Whether the police lacked authority to ask the name and birth date of a passenger of a lawfully stopped car.
Holding: The police may request identifying information from passengers during traffic stops, ¶45, and though the passenger may rightfully decline to answer,