On Point blog, page 25 of 30
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.
State v. Dimitrius Anagnos, 2011 WI App 118, rev. granted 1/25/12
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post
Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest
Issues (composed by On Point):
1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b).
2. Whether the officer had reasonable suspicion to stop Anagnos’
State v. Dennis D. Lemoine, 2010AP2597-CR, rev. granted 1/25/12
on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity
Involuntary Statement – Coercion
Issue (composed by On Point):
Whether Lemoine’s in-custody statement was involuntary given the following police tactics:
- promising that in exchange for the “true story” he would not go to jail that night;
- telling him that he would not be able to contact an attorney while at the jail;
State v. Joseph C. Miller, 2010AP557-CR, rev. granted 12/13/11
on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity
Terry Stop – Reasonable Suspicion
Issue (composed by On Point):
Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop.
Neither the court of appeals summary order nor Miller’s petition for review is available on-line. The briefs filed in the court of appeals indicate that Miller’s car was stopped after the police received information that he was transporting drugs.
State v. Michael L. Frey, 2010AP2801-CR, rev. granted 12/14/11
on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity
Sentencing Discretion – Reliance on Dismissed Charge
Issue (composed by On Point):
Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.”
Frey was charged with sexually assaulting two girls. Both testified at the preliminary hearing. Frey ended up pleading no contest to assaulting one,
State v. Scott E. Ziegler, 2010AP2514-CR, rev. granted 12/14/11
on certification by-pass of court of appeals; for Ziegler: Christopher William Rose; case activity; prior post
Interfering with Custody, § 948.31(2)
Issue (from Certification):
In State v. Bowden, 2007 WI App 234, 306 Wis. 2d 393, 742 N.W.2d 332, we analyzed Wis. Stat. § 948.31(2), which deals with criminal charges for interference with custody of children. There,
State v. Randy L. Martin, 2010AP505-CR, rev. granted 12/13/11
on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post
Miranda – “Interrogation”
Issue (composed by On Point):
Whether an exchange between Martin and an officer was the functional equivalent of “interrogation” so as to require interrogation.
The facts, very briefly, as taken from the court of appeals’ decision: Martin was under arrest for DC when an officer fished a gun out of his car.
State v. Lee Roy Cain, 2010AP1599, rev. granted 12/1/11
on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post
Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice
Issues (composed by On Point):
1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept the plea.
2.