Explore in-depth analysis
On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
Mandatory minimum for OWI trumps SAP early release requirement
State v. Jack B. Gramza, 2020 WI App 81; case activity (including briefs)
If an inmate serving the initial confinement (IC) portion of a bifurcated sentence completes the Substance Abuse Program (SAP), § 302.05(3)(c)2. mandates that the sentencing court “shall” modify the inmate’s sentence by converting the remaining period of IC to extended supervision (ES) so that the inmate is released from confinement to ES. The court of appeals holds this mandate doesn’t apply to an inmate who is serving a mandatory minimum term of IC for an OWI offense if the inmate hasn’t yet served the mandatory minimum term.
Defense win: Evidence insufficient to extend ch. 51 commitment
Jackson County v. W.G., 2020AP961, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity
The evidence presented at a ch. 51 extension hearing is found wanting because it doesn’t establish dangerousness as required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277.
Challenges to OWI arrest, jury instruction rejected
State v. Steven L. Sternitzky, 2019AP2185-CR, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity (including briefs)
Sternitzky argues he was arrested for OWI without probable cause and that his trial on the charge was marred by the judge’s instruction to the jury regarding the presumption of intoxication and automatic admissibility of chemical test results. The court of appeals rejects both arguments.
“Lifetime” means “lifetime”….
State v. Jack Ray Zimmerman, Jr., 2020AP475, District 2, 11/4/20 (one-judge decision; ineligible for publication); case activity (including briefs)
….not “lifetime since January 1, 1989.”
Circuit court judge: “Marsy’s Law” is invalid due to flaws in ballot question
On the heels of last week’s decision regarding Marsy’s Law, we learned today that a Dane County Circuit Court judge has ruled that the amendment to Article I, § 9m is invalid because the ballot question presenting the amendment to the voters was flawed. The court ruled the question failed to fully and fairly inform the public of the essential components of the amendment, misstated the contents and impact of the amendment,
“Marsy’s Law” gives a crime victim standing to get involved in Shiffra-Green litigation
State & T.A.J. v. Alan S. Johnson, 2020 WI App 73, petition to review granted, 2/26/21; case activity (including briefs)
This is the first of what will likely be a series of appellate court decisions that re-make criminal litigation in light of “Marsy’s Law,” the recently-passed crime victims’ rights amendment to Article I, § 9m, of the Wisconsin constitution.
Evidence at ch. 51 extension hearing sufficient to prove dangerousness, need for medication order
Portage County v. L.E., 2020Ap1239-FT, District 4, 10/29/20 (one-judge decision; ineligible for publication); case activity
The evidence presented at L.E.’s ch. 51 extenstion hearing was sufficient to prove she was dangerous and was not competent to refuse medication.
Subsequent mitigating action didn’t extinguish factual basis for reckless endangering conviction
State v. Jonathan N. Reiher, 2019AP2321-CR, District 4, 10/29/20 (not recommended for publication); case activity (including briefs)
The court of appeals rejects the defendant’s claim that his pleas to reckless endangerment lacked a factual basis.
Trial counsel not ineffective for failing to challenge delay in search seized computer
State v. Brian A. Plencner, 2019AP517-CR, District 2, 10/28/20 (not recommended for publication); case activity (including briefs)
The court of appeals holds trial attorney was not ineffective for failing to seek suppression of evidence found on Plencner’s computer equipment based on the delay in analyzing the equipment.
October 2020 publication list
On October 29, 2020, the court of appeals ordered the publication of the following criminal law related opinions:
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.