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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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Lasanske compels rejection of Gerondale claim
State v. Anthony R. Giebel, 2013AP1874-CR, District 2, 4/9/14; c0urt of appeals decision (1-judge; ineligible for publication); case activity Giebel challenged his misdemeanor repeater sentence based on the holding in State v. Gerondale, Nos. 2009AP1237/1238-CR, unpublished slip op. (WI App Nov. 3, 2009). While his appeal was pending, the court of appeals decided State v. Lasanske, 2014 […]
Monday morning links
A few links of possible interest to start the week: A graphic illustration showing where and why prisoners are incarcerated in the United States, from the Prison Policy Initiative: Mass Incarceration: The Whole Pie. The latest from Michael O’Hear at the Marquette Law School who, with Darren Wheelock, of Marquette’s Department of Social & Cultural […]
Petition for Review to Watch: State v. Mark S. Rigdon, 2013AP200-CR
Issues Presented: 1. Has the court of appeals effectively overturned this court’s precedent recognizing undue harshness as a ground for sentence modification? 2. Is the time ripe for this court to put teeth in the McCleary-Gallion mandate that the appellate courts ensure that sentences – particularly sentences in the highest range – are rational and explainable? Court […]
TPR based on continuing denial of periods of placement and disposition didn’t violate due process
Dane County DHS v. Latasha G., 2014AP45 & 2014AP46, District 4, 4/3/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2014AP45; 2014AP46 Latasha argues she was determined to be unfit based on a condition that was impossible for her to satisfy due to an order in criminal cases barring any contact with the […]
Trial court improperly weighed persuasiveness of evidence in denying Ch. 980 discharge petition
State v. Scott Maher, 2013AP1815, District 4, 4/3/14; court of appeals decision (not recommended for publication); case activity The circuit court impermissibly weighed the relative persuasiveness of conflicting examination reports of experts when it denied Maher’s § 980.09 petition without holding a discharge hearing when it said it had “some ability apparently to assess the accuracy of the […]
OK to waive first-time 16-year-old offender into adult court on burglary charge
State v. Kadeem R., 2013AP2769, District 2, 4/2/14; court of appeals decision (1-judge; ineligible for publication); case activity The juvenile court didn’t erroneously exercise its discretion under § 938.18 when it waived jurisdiction over a 16-year-old with no prior juvenile history for being an accomplice to an attempted nonviolent burglary. (¶¶2-5). There was no issue as to […]
Collective knowledge of police provided reasonable suspicion for traffic stop
State v. Matthew M. Moskopf, 2013AP771-CR, District 2, 4/2/14; court of appeals decision (one judge; ineligible for publication); case activity The police had collective knowledge of specific, articulable facts supporting a reasonable suspicion to stop Moskopf’s vehicle where two 911 calls to the police department dispatcher–one from a bartender, another from an off-duty cop–reported that a man had been trying to get […]
All motions to reopen judgment based on voluntary termination of parental rights are governed by § 48.46(2)
Mareza L. v. Kim M.P., 2013AP1382, District 1, 4/1/14; court of appeals decision (1-judge; ineligible for publication); case activity The plain language of § 48.46(2) limits the time for any motion to reopen a judgment terminating parental rights, regardless of the grounds for the motion. Thus, even though Mareza now claims her voluntary termination was not, in fact, […]
Evidence was sufficient to show mother failed to assume parental responsibility
Barron County DHHS v. Maria A., 2013AP2735, District 3, 4/1/14; court of appeals decision (1-judge; ineligible for publication); case activity Under the highly deferential standard of review for sufficiency claims, State v. Quinsanna D., 2002 WI App 318, ¶30, 259 Wis. 2d 429, 655 N.W.2d 752, the evidence was sufficient to support the finding that Maria […]
April in the Wisconsin Supreme Court
Those of you with petitions for review pending, start watching your mail or the WSCCA site around April 16th. That the date of SCOW’s next petitions conference. April is the last month of argument for SCOW’s 2013-2014 term. Here is the argument schedule for cases involving issues of interest to folks interested in indigent defense: April […]
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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.