On Point blog, page 3 of 3
State v. Gregory K. Nielsen, 2010AP387-CR, review granted 4/12/11
on petition for review of unpublished order; for State Public Defender: Joseph N. Ehmann; for amicus (WACDL): Robert R. Henak; for amicus (Appellate Section, State Bar): Anne B. Kearney; case activity
Issues (formulated by On Point):
Whether counsel is entitled to notice and opportunity to be heard before the court of appeals imposes a monetary or other penalty for an alleged violation of rules of appellate procedure.
Whether the court of appeals’
State v. Carl L. Dowdy, 2010 WI App 58, review granted 3/16/11
court of appeals decision; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity
Issues (formulated by On Point):
Whether authority granted a circuit court by § 973.09(3)(a) to “extend probation for a stated period or modify the terms and conditions thereof,” includes the power to reduce the length of the term of probation.
Whether a circuit court has inherent authority to reduce the length of the term of probation.
State v. Joseph J. Spaeth, 2009AP2907-CR, review granted 2/8/11
on certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity
Issue (formulated by On Point):
Whether a statement made to law enforcement following a probationer’s honest accounting to his probation agent may derive from a “legitimate source wholly independent of compelled testimony” and therefore admissible in a criminal case, notwithstanding the promise of immunity for such statements when made to probation agents.
See prior post for further discussion.
State v. David W. Domke, No. 2009AP2422-CR, review granted, 2/8/11
decision below: unpublished; case activity
Issues (formulated by On Point):
Whether Domke was denied effective assistance of counsel by trial counsel’s: failure to object to inadmissible hearsay in the form of a social worker’s testimony reciting the complainant’s recitation of the alleged sexual assaults; producing, without first interviewing her, the complainant’s mother as a defense witness who proceeded to testify that she believed the complainant “100 percent.”
State v. Daniel H. Hanson, 2010 WI App 146, review granted 2/8/11
on petition for review of published decision; for Hanson: Robert R. Henak, Chad A. Lanning; case activity
Issues (provided by court):
Whether a driver of a vehicle can be convicted of attempting to elude a law enforcement officer under Wis. Stat. § 346.04(3) while on a cell phone with a 911 intake dispatcher and driving to a police station.
Whether an officer is a “victim” (See State v.