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.

“The Crisis of American Forensics”

The Nation has published a long essay digging into an almost 30-year-old case from Colorado that reveals the problems with some forensic sciences. “What we found was a startling lack of scientific support for forensic pattern-matching techniques such as toolmark analysis; a legal system that has failed to separate nonsense from science even in capital cases; […]

Court of Appeals rejects challenge to factual basis for territorial jurisdiction

State v. Erik M. Smith, 2016AP2453-CR, District 3, 2/13/18 (not recommended for publication); case activity (including briefs)

The body of Eric Volp, a resident of Michigan when he disappeared, was found in a creek in Marinette County. After a long investigation Smith was eventually charged in Marinette County with killing Volp by running over him with his car and then hiding his corpse and he eventually pleaded guilty to most of the charges. (¶¶2-9). But as the criminal complaint itself acknowledged (¶7), the investigation never resolved whether Volp was killed in Marinette County or in Michigan. Despite that uncertainty the court of appeals holds there was sufficient factual basis to establish Wisconsin had territorial jurisdiction.

Evidence was sufficient to support verdicts for possession of drugs with intent to deliver

State v. Orlando Lloyd Cotton, 2016AP2211-CR, District 1, 2/13/18 (not recommended for publication); case activity (including briefs)

Cotton was convicted of being party to the crime of possession of cocaine and marijuana with intent to deliver and keeping a drug house. He unsuccessfully argues the evidence wasn’t sufficient to convict him and that his trial lawyer was ineffective.

Video of battery by juvenile supports trial court’s rejection of self-defense claim

State v. J.D.V., 2017AP1057, District 3, 2/13/18 (one-judge decision; ineligible for publication); case activity

J.D.V. (given the pseudonym “Joseph” by the court) was adjudged delinquent for punching Thomas, another juvenile, in the head outside of school. The incident was recorded by Charles, another student, using his electronic device. Based primarily on that recording the trial court rejected Joseph’s self-defense claim—rightly so, says the court of appeals.

Evidence was sufficient to show failure to assume parental responsibility

State v. L.M.O., 2017AP1814, District 1, 2/13/18 (one-judge decision; ineligible for publication); case activity

L.M.O. argues that there was insufficient evidence for the circuit court to find that he failed to assume parental responsibility for his child D.A.M. He also argues the court’s findings violated his due process rights because they were based on D.A.M.’s out-of-home placement and L.M.O.’s subsequent lack of contact with D.A.M. while a no-contact order was in effect. The court of appeals rejects his claims.

TPR court properly considered whether children had substantial relationship with mother and her family

State v. L.J., 2017AP2380, 2017AP2381, & 2017AP2382, District 1, 2/13/18 (one-judge decision; ineligible for publication); case activity

L.J. argues the circuit court terminated her parental rights to her children without properly considering whether her children had a substantial relationship with her or her family members. The court of appeals disagrees.

Must a defendant be informed that a guilty plea will result in a loss of the 2nd Amendment right to bear arms?

State v. Amanda L. Longley, 2017AP659-CR, District 4, 2/8/18 (1-judge opinion. ineligible for publication); case activity (including briefs)

The court of appeals here answers this questions “no,” based on SCOW’s recent and narrow reading of Padilla in State v. Le Mere, 2016 WI 41, 368 Wis. 2d 624, 879 N.W.2d 580. See Mike Tobin’s post on Le Mere here). But Wisconsin’s case law is conflicting, suggesting that this issue may be worthy of scrutiny by a higher court.

SCOW’s April argument calendar is up

You can see the arguments for criminal cases in the right side bar. To see all arguments, click here.  SCOW only has one day of argument scheduled for May, so if your case isn’t listed for April, there’s a chance it’s getting pushed to the next term when Justice Gableman’s replacement will be on the […]

COA affirms finding of probable cause to arrest for OWI and improper refusal to submit to a blood test

State v. Dustin R. Willette, 2017AP888, District 3, 2/6/18 (1-judge opinion, ineligible for publication); case activity (including briefs)

A police dispatcher informed officer Hughes that a caller saw a man drive into gas station, exit his car, and walk away. Then another officer reported seeing a similarly-dressed man walking down the a road about a mile away. That man was Willette. Officer Hughes picked him up, drove him back to the car at the gas station, performed FSTs, arrested him for OWI, and asked him to submit to a blood test. Willette did not say  “yes” or “no.” He said “I want to speak to a lawyer.” Here’s why the circuit court found probable cause to arrest and improper refusal to submit to a blood test.

January 2018 publication list

On January 31, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Antonio A. Johnson, 2018 WI App 2 (defendant entitled to a day of credit for portion of a day spent in custody) State v. Taran Q. Raczka, 2018 WI App 3 (whether defendant was negligent in […]

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.