On Point: '12-13

on review of unpublished decision; case activity

Issue (composed by On Point) 

Whether Sahs’ statements to his probation agent, along with evidence derived from those statements, were suppressible under the “Evans-Thompson” rule, which holds that a probationer’s statements which are compelled by the terms of probation – provide information to an agent when requested or face revocation – are covered by use- and derivative-immunity.

Sahs,

on review of unpublished decision; case activity

Issue (composed by On Point) 

Whether, after asserting his right to counsel, Lonkonski initiated further communication with the police so as to allow admissibility of his ensuing statement, Edwards v. Arizona, 451 U.S. 477, 483-85 (1981).

There may be a threshold dispute as to whether Lonkoski was in custody at the time he asserted his right to counsel,

on review of published decision; case activity

Issues (composed by On Point): 

1. Whether the evidence is sufficient to sustain conviction for conspiracy-theft by fraud, in that: no conspirator expressly made a false representation; and in any event, Steffes joined the conspiracy after it had already been set in motion.

2. Whether the evidence is sufficient to sustain conviction for a felony, in that the evidence failed to establish theft of at least $2,500.

on review of unpublished decision; case activity

Issues (composed by on Point) 

1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible by reason of mental disease or defect.

on review of published decision; case activity

Issue (composed by on Point) 

Whether sentencing reliance on inaccurate information (here, misapprehension of mandatory minimum incarceration) is structural error.

Travis pleaded guilty to an offense that all concerned (defense, prosecution, sentencing court) wrongly thought carried a 5-year mandatory minimum (largely due to confusion about the particular offense Travis pleaded to). The court of appeals clarified that the offense of conviction in fact had no mandatory minimum.

on review of unpublished decision; case activity

§ 974.06 Motion – Serial Litigation Bar 

Issue (composed by on Point) 

Whether, following unsuccessful direct appeal, a motion raising a “non-constitutional” issue (propriety of DNA surcharge) operates as a “serial litigation” bar such that a subsequent § 974.06 motion alleging ineffective assistance of counsel is procedurally barred.

Starks was convicted of first-degree reckless homicide sentenced to 55 years: 36 years’

on review of petition for supervisory writ; for SPD: Joseph N. Ehmann, Kathleen A. Pakes; case activity

Postconviction Reference to PSI 

Issue (Composed by On Point): 

Whether, before litigating a presentence report-related sentencing issue, postconviction counsel must obtain circuit court permission to “access, discuss, cite to, and quote from a PSI report.”

Fall-out from State v. Parent, 2006 WI 132,

on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity

Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment 

Issues (Composed by On Point): 

1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1).

2.

on review of published decision; for Novy: Bridget E. Boyle; case activity

Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror 

Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues: 

1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating discovery rules is thereby rendered inadmissible at all stages,

on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity

Third-Party Consent 

Issues (Composed by On Point): 

Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop.

A mere guest ordinarily may not consent to a search of the home,