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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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Pre-McNeely blood test results deemed admissible under good-faith exception to exclusionary rule
State v. Neil A. Morton, 2013AP2366-CR, District 4, 4/17/14 (1-judge; ineligible for publication); case activity
This is another OWI case holding that a warrantless blood draw that would now be unlawful under Missouri v. McNeely is admissible under the good-faith exception to the exclusionary rule.
Evidence of victim’s violent character excluded; evidence of defendant’s other violent acts admitted
State v. Brian J. Anderson, 2013AP913-CR, District 1, 4/15/14 (not recommended for publication); case activity
Anderson appealed his conviction for 1st-degree intentional homicide arguing that the trial court should have admitted evidence of his victim’s violent character under State v. McMorris and excluded “other acts” evidence under State v. Sullivan and § 904.04(2) and 904.03. The court of appeals rejects both arguments.
Correct information about sentence credit constitutes a “new factor”
State v. Dennis R. Armstrong, 2014 WI App 59; case activity The fact that Armstrong was entitled to eight months rather than approximately two years of sentence credit is a “new factor” because the information was unknowingly overlooked at sentencing and the amount of sentence credit was highly relevant to the circuit court’s imposition of the sentence: […]
Trial counsel’s exchange with trial court about a misstatment of fact in a suppression motion didn’t create conflict of interest or establish judicial bias
State v. Marcos Ordonia-Roman, 2012AP1371-CR, District 1/4, 4/10/14; court of appeals decision (not recommended for publication); case activity In a motion to suppress Ordonia-Roman’s confession, trial counsel alleged that during his interrogation Ordonia-Roman was without a required medication and was not allowed to take the medication. At the suppression hearing, however, Ordonia-Roman testified he had been prescribed the medication, but […]
General summons statute for ch. 48 doesn’t provide basis for grandparents to intervene in CHIPS proceeding
Renee B. v. Dane County DHS, 2013AP2273, District 4, 4/10/14; court of appeals decision (1-judge; ineligible for publication); case activity A circuit court’s decision to give grandparents notices of CHIPS hearings under the ch. 48 summons statute, § 48.27(2), doesn’t mean the grandparents have the right to intervene in the proceeding. While David S. v. Laura S., 179 […]
Court of Appeals clarifies prejudice standard for plea withdrawal motions under Padilla v. Kentucky
State v. Ivan Mendez, 2014 WI App 57; case activity When Mendez pleaded guilty to maintaining a drug trafficking place his attorney failed to inform him that a conviction for charge would subject him to automatic deportation from the United States with no applicable exception and no possibility of discretionary waiver. Padilla v. Kentucky, 559 U.S. 356, 363 (2010) […]
Statutory summary suspension from Illinois counts as prior conviction under § 343.307(1)
State v. Akil C. Jackson, 2014 WI App 50; case activity Under State v. Carter, 2010 WI 132, 330 Wis. 2d 1, 794 N.W.2d 213, Jackson’s statutory summary suspension in Illinois resulting from an OWI and PAC citation counts as a prior conviction under § 343.307(1) even though the citation was eventually dismissed. Carter considered whether a prior […]
Court of Appeals addresses burden of proof for determining competency during postconviction proceedings
State v. Roddee W. Daniel, 2014 WI App 46, petition for review granted 9/18/14, modified and affirmed, 2015 WI 44; case activity When postconviction counsel questions a defendant’s competency to understand his or her § 809.30 appellate rights or ability to effectively communicate with counsel but the defendant asserts he or she is competent, defense counsel […]
Trial court erred in relying on the abrogated “interlocking confession” doctrine to deny severance of co-defendants’ trials
State v. John M. Navigato, 2012AP2108-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity State v. Teddy W. Bieker, 2012AP2693-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity The circuit court, relying on the district attorney’s assertion of the so-called “interlocking confessions” doctrine, denied Navigato’s […]
Police had probable cause to arrest for eluding and OWI
State v. Marcus Norfleet, 2013AP2294-CR, District 2, 4/9/14; court of appeals decision (1-judge; ineligible for publication); case activity Police had probable cause to arrest Norfleet for both eluding and operating while intoxicated under the totality of the facts and circumstances available to the officer at the time of arrest. After an officer tried to stop a […]
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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.