On Point blog, page 24 of 30
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on review of unpublished decision; case activity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,
State v. Brian K. Avery, 2011 WI App 148, rev. granted 2/23/12
on review of published opinion; for Avery: Keith A. Findley, Tricia J. Bushnell; case activity; prior post
Newly Discovered Evidence / Interest of Justice – New Forensic Method
Issues (composed by On Point):
1. Whether new scientific photogrammetric analyses by expert witnesses, indicating that the suspect in video surveillance was shorter than Avery, entitles him to a new trial on the ground of newly discovered evidence.