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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.
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Tyroler’s take on warrantless blood draws of unconscious motorists
Bill Tyroler, On Point’s original writer, has kept a low profile since he retired. But lucky for us he can’t contain himself regarding SCOW’s decision in State v. Howes and court of appeals recent certification in State v. Gerald Smith. He says SCOW’s Howes opinion allows defense counsel to argue that exigent circumstances are required for […]
Too mentally ill to grasp the advantages and disadvanages of treatment, but well enough to waive the 5th Amendment?
Crawford County v. E.K., 2016AP2063, 5/18/17, District 4 (1-judge opinion, ineligible for publication); case activity
This case presents multiple SCOW-worthy issues. One is an interesting constitutional dilemma. The County sought to extend E.K.’s commitment and involuntary medication order and, as evidence, offered threatening emails that E.K. had allegedly sent. Defense counsel objected because the emails had not been authenticated. So the County called E.K. to the stand to authenticate them. Defense counsel objected on 5th Amendment grounds. This prompted E.K. to say: “I’ll waive that. Yes, those are my emails.”
Check out this terrific resource on ineffective assistance of counsel claims!
Former ASPD John Breffeilh just brought a real gem to On Point’s attention. It’s an indexed compilation of hundreds (maybe thousands) of successful ineffective assistance of counsel cases from around the nation. The database runs from 1984 when SCOTUS decided Strickland through the present. It includes Wisconsin cases and covers everything from criminal cases, to sexual predator cases, to […]
Court of appeals rejects challenges to motorboat implied consent citation
State v. Donald G. Verkuylen, 2016AP2364, 5/18/2017, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Verkuylen pled to refusing a blood draw contrary to the motorboat implied consent law, Wis. Stat. § 30.684. He raises several arguments about the statutorily required warnings, but the court of appeals finds them all either meritless or forfeited.
Statutory amendment altering elements did not invalidate plea
State v. Richard J. Scott, 2017 WI App 40; case activity (including briefs)
Richard Scott seeks to withdraw his pleas to one count of repeated sexual assault of the same child and one count of possessing child pornography. As to the sexual assault count, he was charged under the wrong statute–a prior version. As to the child pornography, he argues that the complaint lacked a factual basis for the plea. The court of appeals rejects both challenges.
Court of appeals asks SCOW again: Does warrantless blood draw of unconscious motorist violate the 4th Amendment?
State v. Gerald P. Mitchell, 2015AP304-CR; District 2, 5/17/17, certification granted 9/11/17; case activity (including briefs)
Issue: Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment.
Local governments can intervene in ch. 980 supervised release proceedings
State v. Michael McGee, 2017 WI App 39; case activity (including briefs)
This is an important decision for the few, the happy few, who represent persons committed under ch. 980 in seeking supervised release. The court of appeals holds that the municipalities in which a committed person may be placed have the right to intervene in supervised release proceeding. It also holds that if the circuit court and Department of Health Services fail to adhere strictly to the statutory requirements governing supervised release planning, the supervised release order is invalid.
Warrant for arrest was reasonable suspicion to stop
City of Pewaukee v. John Jay Kennedy, 2016AP2383, 5/17/17, District II (one-judge decision; ineligible for publication); case activity (including briefs)
An officer stopped Kennedy’s vehicle after running the plates and seeing that its registered owner, Kennedy, had a warrant out for his arrest. Kennedy was driving, and was eventually arrested for OWI.
SCOW to decide whether plea colloquy must address mode of commission of charged crime
State v. Shannon Olance Hendricks, 2015AP2429-CR, petition for review granted 5/15/17; review of an unpublished court of appeals decision; case activity (including briefs)
Issue (composed by On Point)
Do Wisconsin Statute § 971.08(1) and State v. Bangert require that a defendant entering a guilty plea to a crime with alternative modes of commission understand what the state needs to prove to meet its burden of proof on the mode (or modes) of commission the state has alleged?
SCOW to address ineffective assistance of counsel and allowing client to appear in prison garb at Chapter 51 trial
Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order has a claim for ineffective assistance of trial counsel where his lawyer fails to object to, prevent the admission of, or request a curative instruction to address, evidence of his prisoner status during his jury trial?
Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order is entitled to a new trial in the interests of justice where the jury repeatedly sees and hears evidence of his prisoner status?
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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.