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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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Trial counsel was not ineffective for failing to challenge photo array evidence or object to alleged prosecutorial misconduct
State v. Mario Emmanuel James, 2013AP309-CR, District 1, 3/11/14; court of appeals decision (not recommended for publication); case activity James, charged with armed robbery, alleged trial counsel was ineffective based on various alleged omissions, including the following: Failing to object to evidence that the victims of the robbery identified James from a photo array based […]
Discovery violation didn’t require mistrial, and evidence was sufficient to support possession of firearm conviction
State v. Francisco Luis Canales, 2013AP1435-CR, District 1, 3/11/14; court of appeals decision (not recommended for publication); case activity Though the state violated its discovery obligation by failing to disclose multiple computer-aided dispatch (CAD) reports describing 9-1-1 calls regarding the incident, the circuit court did not erroneously exercise its discretion in denying Canales’s motion for […]
Even if officer’s opening of vehicle door was an unreasonable search, evidence obtained would have inevitably been discovered
State v. Mitchell M. Treiber, 2013AP2684-CR, District 3, 3/11/14; court of appeals decision (1-judge; ineligible for publication); case activity The inevitable discovery doctrine, which provides that “evidence obtained during a search which is tainted by some illegal act may be admissible if the tainted evidence would have been inevitably discovered by lawful means,” State v. Lopez, […]
SCOW: State would suffer “substantial prejudice” where pre-sentence plea withdrawal means loss of admissibility of child victim’s audiovisual statement
State v. Minerva Lopez, 2014 WI 11, reversing an unpublished summary disposition of the court of appeals (available here: MINERVA LOPEZ ORDER 3 8 13); case activity Allowing the defendant to withdraw her no contest pleas would cause substantial prejudice to the state because it would mean the defendant’s trial would occur after the child victim turned […]
Prosecutor’s improper opening statement didn’t show intent to provoke mistrial, so defendant can be retried
State v. Nancy Jean Wall, 2013AP787-CR, District 4, 3/6/14; court of appeals decision (not recommended for publication); case activity The prosecutor’s reference during opening statement that Wall’s BAC was over the legal limit of 0.02, despite a stipulation designed to keep that threshold from being referred to during trial, was not intended to provoke a […]
12- to 13-month charging delay did not violate Sixth Amendment speedy trial guarantee
State v. Brian C. Beahm, 2013AP1678-CR, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity An 12- to 13-month delay between Beahm’s arrest and the filing of OWI charges did not violate his Sixth Amendment right to speedy trial. Whether a defendant’s Sixth Amendment right to a speedy trial has been […]
Taking defendant from site of stop to nearby police station didn’t turn stop into an arrest
State v. Michael J. Adrian, Jr., 2013AP1890-CR, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity Transporting Adrian from the site his vehicle was stopped to the nearest police station for the purpose of performing field sobriety tests did not convert a lawful Terry detention into an illegal custodial arrest. A person temporarily […]
Officer had reasonable suspicion to continue detention and administer field sobriety tests
Marquette County v. Randy S. Tomaw, 2013AP1510, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity Tomaw was going 17 miles over the speed limit at 1:20 on a Sunday morning. He did not appear to respond to the officer’s initial attempt at contact, his upper body swayed as he walked to […]
To aid and abet violation of 18 USC § 924(c), defendant must have advance knowledge about use a firearm during the offense
Rosemond v. United States, USSC 12-895, 3/5/14, vacating and remanding United States v. Rosemond, 695 F.3d 1151 (10th Cir. 2012); Scotusblog page (includes links to the Court’s docket, the briefs, and commentary on the case) Resolving an issue that had split the federal circuit courts, the Supreme Court holds that in a prosecution for aiding and […]
Incomplete record means no review
State v. Daniel T. Storm, 2013AP2212, District 2, 3/5/13; court of appeals decision (1-judge; ineligible for publication); case activity The court of appeals rejects Storm’s claim that the circuit court imposed a fine and costs without determining his ability to pay because Storm did not provide a complete record on appeal: ¶4 It would have been […]
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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.