On Point

State v. Diamond J. Arberry, 2016AP866-CR, 6/16/17, granting a petition for review of a published court of appeals decision; case activity (including briefs)

Issues (composed by On Point)

1. When a defendant is eligible for expungement under § 973.015 but expungement is not addressed the sentencing hearing, can the defendant raise the issue in a postconviction motion? If so, is a “new factor” motion the appropriate vehicle for bringing such a claim?

2. Did the circuit court err in its exercise of discretion when it denied Arberry expungement based on reasons that could apply in any case?

State v. Daniel H. Bartelt, 2015AP2506-CR, 6/15/17, granting review of a published court of appeals opinion; case activity (including briefs)

Issues:

1.  After confessing to an attempted homicide or other serious crimes, would a reasonable person feel free to terminate a police interview and leave an interrogation room, such that the person in not “in custody” for Miranda purposes?

2.  After confessing, did Bartelt make a clear and unequivocal request for counsel when he asked one of the detectives, “Should I or can I speak to a lawyer or anything?” the detective replied, Sure, yes, that is your option.” And Bartelt replied, “Okay, I think I’d prefer that.”

State v. Edward J. Zimbal, 2017 WI 58, 6/14/17, reversing a per curiam court of appeals opinion, case activity (including briefs)

Don’t get too excited about this victory. The majority, by A.W. Bradley, repeatedly notes that Zimbal’s late request for substitution of judge under §971.20(7) is deemed timely due to the “unique facts” of this case. In a concurrence, Ziegler took the unusual step of warning:

[L]itigants should be hesitant to cite this case as authority in future circumstances not identical to what occurred here. Absent these unique facts, an untimely filing would be just that.  It need not be intelligently waived. Op. ¶76.

So, SCOW has published a defense win having no precedential value. It’s better than nothing.

State v. Robert Joseph Stietz, 2017 WI 58, 6/13/17, reversing a per curiam decision of the court of appeals; case activity (including briefs)

This case breaks no new legal ground, but simply reaffirms some long-standing rules governing when a trial judge should instruct a jury on self-defense: The defendant has only to meet the “low bar” of producing “some evidence” to support the defense; the evidence supporting the instruction should be viewed in the light most favorable to the defendant; and that the trial judge shouldn’t weigh the credibility of the evidence because that’s the job of the jury. (¶¶12-23). Under the specific facts of this case, the trial judge erred in not giving Stietz a self-defense instruction. (¶¶24-60).

State v. Shaun M. Sanders, 2015AP2328-CR, granting review of a published court of appeals decision, 6/13/17, case activity (including briefs

Issue (copied from the petition for review):

Can a person be criminally responsible for acts he allegedly committed before the age of original juvenile court jurisdiction?

City of Sheboygan v. John W. Van Akkeren, 2017AP120, 6/14/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Van Akkeren claims the officer who pulled him over did not have the requisite suspicion to administer a preliminary breath test.

State v. Cynthia Hansen, 2016AP2114-CR, 6/14/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Hansen beat up a car that was marital property between her and her wife. She pled to criminal damage to property of another; on appeal she claims, inventively, that the theft statute gave her the right to do just as she did. The court of appeals disagrees.

State v. Ron Joseph Allen, 2016AP885, 6/13/17, District 1 (not recommended for publication); case activity (including briefs)

A jury convicted Ron Allen of first-degree intentional homicide as party to the crime. He raises various challenges to the conviction and sentence of life without extended supervision, but the court of appeals rejects them all.

State v. F.J.R., 2017AP558 & 559, 6/13/17, District 1 (one-judge decision; ineligible for publication); case activity

F.J.R. appeals the termination of her parental rights to her two children. She argues that the court’s pretrial suspension of visitation with one of the children prejudiced her in various ways. The court of appeals disagrees.

State v. Omar Quinton Triggs, 2015AP2533, 6/13/17, District 1 (not recommended for publication); case activity (including briefs)

A patrolling officer saw Triggs “close a garage door and quickly run to the driver’s door” and get into his car, which was parked nearby in an alley. Five officers in three vehicles converged, forcibly removed Triggs from his car, and handcuffed him.