On Point

Review of an unpublished court of appeals opinion; case activity (including briefs)

Issues:

(1)  Whether to satisfy the conditions of probation for purposes of Wisconsin’s expungement statute, § 973.015(1m)(b), a probationer must perfectly comply with every probation condition, or whether under State v. Hemp, 2014 WI 129, 359 Wis. 2d 320, 856 N.W.2d 811, it is enough that the probation agent determines that the probationer has successfully completed probation?

(2)  Whether Ozuna‘s procedural due process rights were violated when the court failed to provide him with notice or a hearing before denying expungement?

Review of an unpublished court of appeals opinion; case activity

Issue (composed by On Point)

Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179 held that an individual is capable of rehabilitation, and thus a proper subject for treatment under Chapter 51, when treatment would control the symptoms of the individual’s disorder.  If, on the other hand, treatment would control only the individual’s activity or behavior, then he is not a proper subject for treatment under Chapter 51. The question is: how are courts to determine whether treatment is controlling symptoms of disorder–especially when medical experts, when describing the effects of treatment, blur the line between symptoms and behavior?

Review of an unpublished court of appeals opinion; case activity (including briefs)

Issues (composed by On Point)

Whether Nieves’s confrontation right was violated when the trial court permitted a witness to testify about a non-testifying co-defendant’s confession that, by implication, inculpated Nieves.

Whether a surviving victim’s testimony that someone had told him Nieves was planning to kill him was admissible to show how the victim “felt.”

Whether trial counsel was ineffective for failing to investigate an alibi evidence that could have placed Nieves in Illinois on the night of the shooting.

State v. Steven W. Heath, 2014AP2466-CR, District 4, 9/15/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Heath challenges the blood draw evidence in his OWI prosecution, claiming that the paramedic who did the draw wasn’t a “person acting under the direction of a physician” as required by § 343.305(5)(b) and that the method and manner of the blood draw was not constitutionally reasonable. The court of appeals rejects his claims.

Review of an unpublished per curiam court of appeals decision; case activity (including briefs)

Issue (composed by On Point)

Whether the circuit court erred in denying Zimbal’s post-remand substitution request as untimely where Zimbal orally requested that the judge recuse himself the day before remittitur and was not appointed counsel until after the 20-day time limit?

Review of an unpublished court of appeals decision; case activity (including briefs)

Issue (composed by On Point)

Did the circuit court err in holding that Suriano forfeited his Sixth Amendment right to counsel after three appointed attorneys withdrew from representing him because the court did not warn Suriano that forfeiture was a possibility and did not advise Suriano of the difficulties and dangers of self-representation?

State v. Lory F. Kerk, 2015AP2608-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court didn’t err in allowing the state to elicit testimony from its expert toxicologist that Kerk was impaired by the amount of alcohol and prescription drugs found in her blood.

State v. Timothy A. Giese, 2015AP1838-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The supreme court’s recent decision in City of Eau Claire v. Booth Britton, 2016 WI 65, disposes of Giese’s claim that the circuit court lacked jurisdiction over a mistakenly charged second-offense OWI.

State v. Gary Abdullah Salaam, 2014AP2666-CR & 2667-CR, 9/13/2016, District 1 (Not recommended for publication); case activity (including briefs)

Salaam raises four claims challenging his convictions, at jury trial, of recklessly endangering safety, being a felon in possession of a firearm, and three counts of witness intimidation. The court affirms as to the first two counts but finds insufficient evidence as to the witness intimidation charges.

State v. Jose Alberto Reyes Fuerte, 2016 WI App 78, petition for review granted 1/18/2017, reversed, 2017 WI 104; case activity (including briefs)

This decision is important to anyone who litigates claims for plea withdrawal under § 971.08(2) because it helps clarify the law in two ways. First, it provides two examples of a circuit court’s failure to comply with § 971.08(1)(c)’s requirement that the defendant be warned about the immigration consequences of a plea. Second, it explains what a defendant must allege to make a sufficient showing that his or her plea is likely to result in deportation.