Explore in-depth analysis

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.

Seventh Circuit holds that habeas petitioner is not entitled to relief due to conflict of interest

Keith C. Henyard v. Cheryl Eplett, No. 22-3086, 4/26/24

Although Henyard argues that his conviction must be reversed because the lawyer who represented him was also the judicial official who bound him over for trial, the Seventh Circuit denies relief and holds that the Wisconsin Court of Appeals did not erroneously apply governing federal law.

Read full article >

COA dismisses “recency argument” and affirms Ch. 51 commitment

Winnebago County v. A.F.H., 2023AP1798, 5/1/24, District II (one-judge decision; ineligible for publication); case activity

In this chapter 51 appeal from an order for involuntary commitment and treatment, and an order denying postdisposition relief, the court of appeals affirms, concluding that even without the inadmissible hearsay, sufficient evidence existed supporting the underlying orders.

Read full article >

Juvenile wins new hearing on whether stay of sex offender registration should be lifted; loses on judicial bias claim

State v. L.R.J., 2023AP1902, 5/8/24, District II (one-judge decision; ineligible for publication); case activity

“Lincoln” succeeds on his claim related to sex offender registration due to the State’s concession but fails to rebut the presumption that the court acted impartially when revoking a stayed Serious Juvenile Offender (SJO) order.

Read full article >

Seventh Circuit cases for April

April was a busy month; we’ve tried to pull out those cases most relevant to our readers:

Read full article >

DNA profile created using saliva obtained through law enforcement “ruse” okayed by COA in published decision affirming cold case murder conviction

State v. Raymand L. Vannieuwenhoven, 2022AP882-CR, 4/30/24, District III (recommended for publication); case activity

In this appeal from a cold case a murder conviction, the court issues a decision recommended for publication holding that law enforcement lawfully seized Vannieuwenhoven’s saliva and thereafter lawfully analyzed the DNA sample created from the saliva. The fact that law enforcement used a “ruse” to trick Vannieuwenhoven into licking an envelope under the false pretense that he was completing a voluntary survey about his “general satisfaction with the Oconto County Sheriff’s Office” did not make the state’s subsequent use of the saliva or Vannieuwenhoven’s DNA unlawful. While the facts are unique, the court explains that “our caselaw supports this conclusion.” Op., ¶2.

Read full article >

Despite serious criticisms of doctor’s testimony, COA affirms 51 extension and involuntary med orders given contents of report

Brown County v. R.J.M., 2024AP206, 5/7/24, District II (one-judge decision; ineligible for publication); case activity

Despite the doctor’s imprecise and generic testimony, COA holds that admission of his report resolves any deficiencies in the record and affirms.

Read full article >

HUGE Defense Win: 7th Circuit holds that SCOW’s decision is not entitled to AEDPA deference, calls Wisconsin’s treatment of petitioner a “travesty of justice” and grants writ

Robert J. Pope v. Je’Leslie Taylor, No. 23-2894, 5/6/24, affirming Pope v. Kemper, 21-CV-0346 (E.D. Wis. 9/1/23)

In a refreshing defense win that cuts through the procedural weeds and directly attacks the unjust nature of Pope’s treatment by Wisconsin’s appellate courts, the Seventh Circuit wastes no time in affirming the district court’s grant of the writ of habeas corpus.

Read full article >

COA issues published decision interpreting 971.365(1)(b) and rejects arguments for plea withdrawal

State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity

COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal.

Read full article >

March and April 2024 Publication Orders

In March, the court of appeals ordered the publication of two criminal law related decisions. In April, the court ordered the publication of one such decision.

Read full article >

COA holds that evidence was sufficient for extension of underlying 2015 commitment order

Racine County v. P.Z., 2024AP146-FT, 5/1/24, District II (one-judge decision; ineligible for publication); case activity

In a relatively straightforward appeal of a recommitment order, COA rejects P.Z.’s sufficiency challenges and affirms.

Read full article >

On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].

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.