On Point

State v. Fernando Moreno-Acosta, 2014 WI App 122; case activity

While § 943.201(2) requires the state to prove the defendant used personal identifying information belonging to an actual person, it need not prove that the defendant knew the information belonged to another “real, actual person.”

State v. Jennifer M. Parisi, 2014 WI App 129; case activity

The warrantless entry into Parisi’s apartment was lawful because police had probable cause to believe the apartment contained evidence of a crime and there were exigent circumstances justifying entry without a warrant.

Glebe v. Frost, USSC No. 14-95, 11/17/14 (per curiam), reversing Frost v. Van Boening, 757 F.3d 910 (9th Cir. 2014) (en banc); docket and Scotusblog page

Supreme Court precedent has not clearly established that improper restriction of a defendant’s closing argument is structural error, so the Ninth Circuit erred in granting habeas relief on that ground.

State v. Stephanie M. Przytarski, 2014AP1019-CR, District 1, 11/18/14 (1-judge decision; ineligible for publication); case activity

Przytarski can’t withdraw her plea even if her trial lawyer erroneously told her that she could appeal the trial court’s pretrial order that barred her from introducing certain evidence to defend against charges of interference with child custody.

Review of a per curiam court of appeals decision; case activity Issue (composed by Hogan’s petition for review): 1. When a person is illegally detained by law enforcement for a period of time and then is verbally released by the officers for a comparatively very brief period of time before being re-approached by the officer(s), when is […]

Review of a court of appeals summary disposition; case activity Issue: (composed by On Point): Does the doctrine of sovereign immunity bar a person’s recovery for personal injuries that he sustains while in the custody of the Department of Corrections? While the State Public defender cannot represent inmates in personal injury litigation against the DOC, this issue […]

Review of a published court of appeals decision; case activity: 2013AP1753-CR; 2013AP1754-CR

Issue (composed by On Point)

Does Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act qualify as a prior offense under the repeat drug offender enhancement provision of § 961.41(3g)(c) because the RICO conviction’s predicate acts involved, among other things, controlled substance offenses, thus making the RICO conviction a conviction for a crime “under a statute … relating to controlled substances”?

Review of a published court of appeals decision; case activity

Issue (composed by On Point)

When additional sentence credit is granted after an offender’s parole has been revoked, is the additional credit applied to the offender’s term of reincarceration, or to the remaining period of parole?

State v. David M. Carlson, 2014 WI App 124; case activity

Note to trial courts: When ineffective assistance of counsel claims are based what trial counsel said to his client, hold an evidentiary hearing. Note to defense counsel: Data showing the sentences received by defendants charged with the same crimes as your client is about as useful as data showing a patient diagnosed with a lethal illness the survival rates of similarly-diagnosed patients.  Note to all: A single, inaccurate, hyperbolic remark during the course of a long sentencing explanation is harmless even if the trial court relied upon it.

State v. Kelly M. Rindfleisch, 2014 WI App 121; case activity

Just how “particular” must a warrant to search a Gmail and Yahoo! Mail be in order to survive the Fourth Amendment’s “particularity” requirement? And does the answer change when the warrant is for searching the email accounts of someone other than the person suspected of the crime described in the warrant? In this split opinion the majority upheld broad search warrants requiring Google and Yahoo to turn over email expected to show that one former Walker aide had committed a crime, but which showed that the account owner (another former Walker aide) had also committed a crime.