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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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Police lacked reasonable suspicion to seize driver of car in a parking lot suspected to be the site of illegal drug activity
State v. Chonsea Jerome King, 2013AP1068-CR, District 4, 2/13/14; court of appeals decision (not recommended for publication); case activity A police officer saw a car parked in a lot linked by “numerous [pieces of] intelligence” to illegal drug activity. It was 9:25 p.m. The officer watched it for about five minutes, but did not see anyone […]
Conditionally admitting evidence during TPR grounds hearing when evidence was relevant only to disposition was harmless error
Dane County DHS v. Nancy M., 2013AP1886 & 2013AP1887, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP1886; 2013AP1887 During the first day of a fact-finding hearing to the court to determine whether there were grounds to terminate Nancy’s parental rights, the trial court admitted evidence about Nancy’s bonding with […]
Trial counsel’s performance at TPR trial, if deficient, was not prejudicial
Aaron W.M. v. Britany T.H., 2013AP2123, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity Britany claimed trial counsel was ineffective for not objecting to: 1) hearsay testimony from the child’s father that related incidents of Britany’s bad parenting; and 2) the petitioner’s “golden rule” rule argument during closing, which asked […]
Totality of circumstances supported stop, arrest for robbery
State v. Lamont C., 2013AP1687, District 1, 2/11/14; court of appeals decision (1-judge; ineligible for publication); case activity ¶14 We conclude under the facts in this case that [Officer] Hoffman did have reasonable suspicion … to stop … Lamont C. Hoffman, relying on information provided to him by a robbery victim, located Lamont C. within minutes […]
Reading old implied consent form didn’t taint admissibility of blood test results
State v. Lawrence A. Levasseur, Jr., 2013AP2369-CR, District 4, 2/6/14; court of appeals decision (1-judge; ineligible for publication); case activity The arresting officer used an implied consent form that pre-dated the 2009 amendments to § 343.305, so it omitted language about accidents involving death or serious injury–language that did not apply to Levasseur’s situation. The use […]
Arrest under § 968.075 doesn’t preclude issuance of citation under municipal ordinance
City of Lancaster v. Todd A. Chojnowski & Eric T. Chojnowski, 2013AP1593 & 2013AP1594, District 4, 2/6/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP1593; 2013AP1594 Arrest under § 968.075, the mandatory arrest law for domestic abuse offenses, doesn’t preclude a charge under city disorderly conduct statute. While § 968.085(8) prohibits the issuance of […]
Click-worthy links to the latest legal news!
Attorney Mark Gumz from the SPD’s Baraboo office has a good deal to say about State v. Hemp, the court of appeals’ latest expunction decision. Read his comments here. Eek! “Judge Fired for Sunbathing Nude in Her Chambers” here. When imposing a sentence, Wisconsin courts may consider the defendant’s demeanor at trial and his remorse. […]
Chapter 51 commitment may be extended without re-proving past dangerousness
Wood County v. Linda S.D., 2013AP1380, 2/16/14, District 4 (1-judge, ineligible for publication), case activity Do you know what an infinite loop is? This decision is a good example of one. Linda S.D. was subject to a Ch. 51 inpatient commitment order, and the County petitioned to extend it. The test for extending a commitment order […]
Court appropriately considered sec. 48.426 adoptability factors before ordering TPR
State v. Shymika S.W., 2013AP2415, District 1, 2/4/14 (1-judge opinion, ineligible for publication), case activity Issue: Whether, in terminating Shymika S.W.’s parental rights to her daughter, the circuit court erroneously exercised its discretion by ignoring § 48.426(3)’s “adoptability factors?” Those factors are found in § 48.426(3)(a) and (f), and they require consideration of the likelihood of the […]
Trial court didn’t improperly restrict voir dire of 6-person jury in traffic forfeiture case
Washington County v. Joseph Harvey Bingen, 2013AP1171, District 2, 2/5/14; court of appeals decision (1-judge; ineligible for publication); case activity The trial court didn’t erroneously exercise its discretion by denying Bingen’s request for additional voir dire of prospective jurors for his first-offense OWI trial. In particular, Bingen was not able to ask if any jurors had 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.