On Point: A. Review Grants

on petition for review of summary order; for Goss: Daniel J. Chapman; case activity

Issue (formulated by On Point:

Whether probable cause of intoxication to administer a preliminary breath test under § 343.303 was shown by the smell of alcohol on the driver along with four prior OWI convictions.

The catch: with 4 priors, Goss’s legal blood alcohol content limit would have been .02. Given that greatly reduced threshold,

on petition for review of unpublished order; for State Public Defender: Joseph N. Ehmann; for amicus (WACDL): Robert R. Henak; for amicus (Appellate Section, State Bar): Anne B. Kearney; case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’

on bypass petition; for Nordberg: Donald T. Lang, SPD, Madison Appellate; case activity

Issue:

Whether someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release under § 980.08(4).

The court of appeals held, in State v. Rachel, 2010 WI App 60, 324 Wis. 2d 465, 782 N.W.2d 443,

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.

court of appeals decision; for Sellhausen: Byron C. Lichstein; case activity

Issues (formulated by On Point):

Whether a trial judge has a sua sponte duty to strike a prosepctive juror who is an in-law of the judge.

Whether defense counsel’s use of a peremptory strike to remove the judge’s in-law renders harmless any error in the judge’s failure to remove that juror.

See prior post for further discussion.

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.

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.”

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.

decision below: unpublished; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Issues (formulated by On Point):

Whether admission into evidence of electronic monitoring daily summary reports requires expert testimony to lay a foundation as to accuracy and reliability.

Whether the daily summary reports fall outside the definition of hearsay because they don’t represent assertions made by a person.

Kandutsch, while under electronic monitoring,

decision below: unpublished; for Buchanan: Tyler William Wickman; case activity

Issue (formulated by On Point):

Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car.

The court relied on the following to show reasonable suspicion to believe Buchanan armed and dangerous, during an otherwise routine stop for speeding:

• “furtive movements”