On Point blog, page 24 of 30
State v. Lamont L. Travis, 2012 WI App 46, WSC review granted 9/14/12
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.
State v. Tramell E. Starks, 2010AP425, WSC review granted 8/1/12
on review of unpublished decision; case activity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’
State ex rel. Office of State Public Defender v. Wis. Court of Appeals, 2012AP544-W, rev. granted 6/13/12
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,
State v. Leilani E. Neumann, 2011AP1105-CR / State v. Dale R. Neumann, 2011AP1044-CR, rev. granted 6/13/12
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.
State v. Brent T. Novy, 2012 WI App 10, petition for review granted 6/13/12
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,
State v. Kenneth M. Sobczak, 2012 WI App 6, petition for review granted 6/13/12
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,
State v. Juan G. Gracia, 2011AP813-CR, petition for review granted 5/14/12
on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity
Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack
Issues (Composed by On Point):
Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident.
Whether Gracia’s waiver of counsel in a prior OWI conviction used as a penalty enhancer was valid,
Dane Co. DHS v. Mable K., 2011AP825, petition for review granted, 5/3/12
on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity
TPR – Final Order – Appellate Standing
Issues (from Petition for Review):
I. When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary rules of civil procedure?
II. Where the trial court determines that it denied the right to counsel during a TPR trial,
State v. James G. Brereton, 2011 WI App 127, rev. granted 3/15/12
court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post
Search & Seizure – GPS Device – Warrant
Issues (Composed by On Point):
Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones,
State v. Gerald D. Taylor, 2011AP1030-CR, rev. granted 3/15/12
court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; prior post
Issue (from Certification):
Whether understating the potential penalty during a plea colloquy can properly be deemed harmless error, and if so, where in the analytical framework of Bangert such a determination should be made.
The guilty plea court misinformed Taylor that the maximum he faced was 6,