On Point

Does your client’s chance of success on appeal depend on the crime he allegedly committed? On whether you challenge the sentence or the conviction? On whether you challenge a guilty plea, a suppression decision, or jury selection? On whether you file a reply brief? You may think the answers to these questions are obvious, but it turns out they aren’t. Click Criminal Appeals Revealed to read this new, national study on state court criminal appeals.

According to the latest edition of SCOWstats, the Wisconsin Supreme Court has been taking more 4th Amendment cases then ever. How are the justices voting? You might be surprised. Click here.

State v. Charles A. Page, 2017AP165-CR, District 4, 10/12/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Page claims that the circuit court erred when it classified evidence he sought to introduce as “other acts” evidence and then excluded the evidence because Page hadn’t filed a timely pretrial motion to admit the evidence. He also contends the circuit court abandoned its role as a neutral magistrate in its questioning of Page at trial. The court of appeals rejects the claims.

State v. Jamal L. Williams, 2017 WI App 46, cross petitions for review granted 10/10/17; case activity (including briefs)

Issues (composed by On Point)

1. Is the imposition of a single mandatory $250 DNA surcharge an ex post facto violation with respect to a defendant who committed his offense when the surcharge was discretionary and who previously had provided a DNA sample in another case?

2. Is Jamal Williams entitled to resentencing because the circuit court sentenced him based on an improper factor, namely, the fact that Williams refused to stipulate to restitution for which he was not legally responsible?

State v. Anthony R. Pico, 2015AP1799-CR, petition for review granted 10/10/17; case activity (including briefs)

Issues (composed by On Point):

1. Did the Court of Appeals apply the proper standard of review to the trial court’s findings of fact regarding trial counsel’s conduct and strategy?

2. Did trial counsel perform deficiently by failing to investigate Pico’s serious head injury, and did that deficient performance prejudice Pico in pretrial proceedings and at trial?

3. Did the sentencing court impermissibly burden Pico’s privilege against self-incrimination?

4. Did the Court of Appeals err in concluding that Pico waived issues not raised by cross-appeal?

5. Is it permissible for a postconviction court to admit and consider expert testimony by another criminal defense attorney regarding the conduct of trial counsel?

State v. Sierra Ann Desing, 2017AP490-491, 10/11/17, District 2, (not recommended for publication); case activity (including briefs)

A citizen informant told 911 that he saw Desing pulled over on the side of the road hanging out her door. He asked if she was okay and was told “yes,” but he later saw her driving erratically on the highway. Deputies went to her house, knocked “loudly,” received no response, discovered her back door and patio door open on May 28 at 7:30 a.m., saw her dog running loose in the backyard, and, fearing that she might be choking on her own vomit, entered the house and searched until they found her asleep in the basement.

State v. Sarah A. Schmidt, 2017AP724-CR, District 2, 10/11/17 (one-judge decision; ineligible for publication); case activity (including briefs)

For operating while intoxicated, no less—even though there was scant evidence of impaired driving and the driver exhibited no slurred speech and apparently normal balance and motor coordination.

Racine County Human Services Dep’t v. C.C., 2017AP750, District 2, 10/11/17 (one-judge decision; ineligible for publication); case activity

The evidence presented at the fact-finding hearing in C.C.’s TPR proceeding was sufficient to establish that she failed to assume parental responsibility under § 48.415(6).

City of New Richmond v. Warren Wayne Slocum, 2016AP1887, District 3, 10/11/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Slocum unsuccessfully challenges the sufficiency of the evidence used to find he violated a New Richmond municipal ordinance, § 50.88(a)(1), which tracks § 947.01(1).

State v. Damien Markeith Divone Scott, 2017 WI App 74; case activity (including briefs)

In this case of first impression in Wisconsin, the court of appeals holds that the stop of a car at a police checkpoint was justified by the “special needs” of law enforcement.