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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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Even if field sobriety tests constitute a “search” under the Fourth Amendment, police may request them based on reasonable suspicion of impairment
Village of Little Chute v. Ronald A. Rosin, 2013AP2536, District 3, 2/25/14; court of appeals decision (1-judge; ineligible for publication); case activity Rosin argues that field sobriety tests are searches under the Fourth Amendment because “[a]n inherent right as a human being is to control and coordinate the actions of [his or her] own body[,]” […]
State v. Ramon G. Gonzalez, 2012AP1818, petition for review granted 1/19/14
Review of an unpublished court of appeals opinion; case activity; prior On Point post here. Issue: Whether ordering a defendant to open his mouth and reveal his platinum teeth to the jury violated his Fifth Amendment right against self-incrimination? So, this case may boil down to whether forcing the defendant to show his platinum teeth is […]
State v. General Grant Wilson, 2011AP1803-CR, petition for review granted 1/19/14
Review of a summary disposition, case activity Issues (lifted from the State’s PFR here) Did Wilson satisfy the opportunity requirement for presenting third-party-perpetrator evidence under State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984) with respect to Willie Friend? If the answer to the first question is “yes,” was the error […]
State v. Myron C. Dillard, 2012AP2044-CR, petition for review granted 2/19/14
Review of a published court of appeals decision; case activity Issues (composed by On Point) Whether Dillard is entitled to withdraw his plea because the primary feature of the plea bargain he accepted was the state’s dismissal of a persistent repeater enhancement, which would have mandated a sentence of life imprisonment without release, when in […]
Links to the latest legal news
Which judges give the most lenient sentences? This large, new study says women and Democrats! Predictive policing and reasonable suspicion. Check out this law review article on how police use “big data” predict when and where a crime is about to occur. Missouri public defenders push back against the tide of cases. See this NY […]
Wisconsin Supreme Court grants review in three cases to address issues arising from Missouri v. McNeely
State v. Cassius A. Foster, 2011AP1673-CRNM: Review of a court of appeals summary disposition; case activity State v. Alvernest Floyd Kennedy, 2012AP523-CR: Review of an unpublished court of appeals decision; case activity State v. Michael R. Tullberg, 2012AP1593-CR: Review of an unpublished court of appeals decision; case activity Issues presented (composed by On Point) Whether the draw […]
Good-faith exception to exclusionary rule precludes suppression of results of warrantless blood draw that was unlawful under Missouri v. McNeely
State v. William A. Reese, 2014 WI App 27; case activity The results of a driver’s blood test should not be suppressed even if they were obtained without a warrant and in the absence of exigent circumstances in violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013), because the arresting officer acted in good faith […]
Presenting testimony of supervisor of analyst who tested blood sample instead of analyst herself didn’t violate Confrontation Clause
State v. Michael R. Griep, 2014 WI App 25, petition for review granted, 8/5/14, affirmed, 2015 WI 40; case activity Griep’s right to confront the witnesses against him was not violated by allowing the supervisor of an unavailable lab analyst to testify to his opinion about the defendant’s BAC based entirely on the report prepared by […]
Committed sex offender entitled to discharge hearing based on re-evaluation with updated actuarial
State v. Herbert O. Richard, 2014 WI App 28; case activity Richard is entitled to an evidentiary hearing on his petition for discharge because the independent psychologist’s opinion that amendments to the Static-99 show Richard’s risk to reoffend is below the legal threshold constitutes a fact on which a court or jury may conclude that Richard […]
Statements to police during ambulance ride, and later while cuffed to bed in ICU, deemed voluntary
State v. Stanley K. Bullock, 2014 WI App 29, case activity How “voluntary” does this sound to you? The defendant was convicted of 1st-degree reckless homicide for the stabbing death of his girlfriend. He said that masked attackers broke into their apartment and stabbed him and his girlfriend. He called 911. The responding paramedics found […]
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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.