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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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Circuit court can’t stay order terminating parental rights
State v. D.P.V., 2016AP2037, District 1, 2/14/17 (one-judge decision; ineligible for publication); case activity
A circuit court does not have the authority to stay an order terminating parental rights.
Consent to blood draw was voluntary
State v. Eric M. Doule, 2016AP1146-CR, District 3, 2/14/17 (one-judge decision; ineligible for publication); case activity (including briefs)
The record supports the conclusion that Doule voluntarily consented to a blood draw after he was arrested for OWI.
SCOW: Toxicology report not “testimonial” in Len Bias case
State v. Rozerick E. Mattox, 2017 WI 9, on certification from the court of appeals, 2015AP158-CR, 2/14/17; case activity (including briefs)
S.D. was found dead in circumstances strongly suggestive of a drug overdose. The police summoned the medical examiner, who eventually performed an autopsy. The examiner sent samples from S.D.’s body to a lab in another state for toxicology testing, which revealed the presence of chemicals indicating a heroin overdose. Mattox, eventually charged with delivering the fatal heroin, claims his Sixth Amendment confrontation right was violated when the state introduced the toxicology report through the medical examiner, rather than the lab analyst who performed the testing.
SCOW: Sentencing court may consider defendant’s successful completion of probation in a prior expunged case
State v. Christopher Joseph Allen, 2017 WI 7, affirming a published court of appeals decision, 2014AP2840-CR, 2/9/17 ; case activity (including briefs)
State v. Leitner, 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 held that a sentencing court may consider all facts underlying an expunged record of conviction provided those facts are not obtained from the expunged court records. This case extends Leitner by holding that a sentencing court may consider a defendant’s successful completion of probation in a prior case where his conviction was expunged pursuant to §973.015.
Threatening letter sufficient to prove dangerousness to others
Dodge County v. J.T., 2016AP613, District 4, 2/9/17 (one-judge decision; ineligible for publication); case activity
The threats J.T. made in a letter provided sufficient evidence to find him dangerous to others under § 51.30(1)(a)2.b.
How the Wisconsin Supreme Court’s 2016-2017 docket is shaping up
Last year, SCOW granted an unusually low number of petitions and reviewed an unusually high number of per curiam decisions. Find out how the high court doing this year in the latest edition of SCOWstats.
DOJ agent’s search of computer at probation officer’s request upheld
State v. Richard L. Keller, 2017 WI App 19; case activity (including briefs)
Richard Keller’s probation rules required, among other things, that he neither possess a computer nor commit any crime. When his agent found computers at his house, she took them to Madison and had a Department of Criminal Investigations analyst examine them. Child porn was found and Keller moved for suppression, which the trial court granted. The court of appeals now reverses.
Juror’s glimpse of defendant chained to others wearing jail garb doesn’t warrant new trial
State v. Anthony Colon, 2016AP1071-CR, 2/7/17, District 1 (1-judge opinion; ineligible for publication); case activity (including briefs)
Colon was on trial for 2 felonies and 3 misdemeanors. During a break in deliberations, the bailiff happened to be transporting Colon to the court room. Colon was wearing street clothes, but he was chained to other defendants who were wearing orange jail garb. Upon learning that some of Colon’s jurors may have seen him that way, defense counsel asked the judge to question the jury, but he did not move for a mistrial.
No error in denying defendant’s request for new counsel and adjournment of trial
State v. Michael Steel, Jr., 2016AP796-CR, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court didn’t erroneously exercise its discretion in denying Steel’s requests for a new lawyer and an adjournment on the morning of trial.
Circuit court’s findings about driving not clearly erroneous
State v. Nicholas W. Stern, 2016AP1534, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court implicitly credited the testimony of a police officer that Stern was in the wrong lane of travel as he drove toward the officer, and therefore held the officer had reasonable suspicion to stop Stern for violating § 346.05(1). The circuit court’s finding is not clearly erroneous, despite Stern’s claim the officer’s testimony is contradicted by the squad car video, which he says shows Stern maintaining his lane as he approached and passed the officer.
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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.