On Point

State v. Keith R. Friederick, 2013AP1609, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity

Friederick was not seized by officer who approached him on the street and said sought to talk to him, applying United States v. Mendenhall, 446 U.S. 544 (1980), along with State v. Griffith, 2000 WI 72, ¶53, 236 Wis. 

State v. Lee Thomas Lasanske, 2014 WI App 26; case activity

In a decision that may finally settle the issue of how to bifurcate enhanced misdemeanor sentences, the court of appeals holds that § 973.01(2)(c)1.’s prohibition against using an enhancer to increase a period of extended supervision does not apply to enhanced misdemeanor sentences. Instead, enhanced misdemeanor sentences are subject to the basic rules that the confinement portion of a bifurcated sentence may not exceed 75% of the total sentence,

Fernandez v. California, USSC 12-7822, 2/25/14, affirming People v. Fernandez, 145 Cal Rptr.3rd 51 (Cal Ct. App. 2012).

Docket here; SCOTUSblog analysis of decision here; Orin Kerr’s “Five Thoughts on Fernandez” here; On Point analysis of cert grant here

Police officers may, without a warrant, search a jointly occupied premises if one of the occupants consents to the search. 

Kaley v. United States, USSC 12-464, 2/25/14

United States Supreme Court decision, affirming United States v. Kaley, 677 F.3d 1316 (11th Cir. 2012)

In a 6-to-3 decision, the Supreme Court holds that when a post-indictment, ex parte restraining order under 18 U.S.C. § 853(e) freezes assets that are potentially subject to forfeiture but which the defendant needs to retain counsel,

Anthony Ray Hinton v. Alabama, USSC 13-6440, 2/24/14 (per curiam), vacating Hinton v. State, __So. 3d__, 2013WL 598122 (2/15/13).

Docket here.

Trial lawyers, listen up.  Check your expert witness funding cap before settling for an “expert” you know is sub par.

In 1985, managers of 3 different restaurants were robbed and shot—each with two .38 caliber bullets.  The first two managers died. 

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[,]” and, therefore “a fundamental expectation of privacy is implicated when a person is subject to the performance of [field sobriety tests].” (¶12).

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 any different from forcing him to give fingerprints or a blood sample. 

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 in excluding the Denny evidence harmless beyond a reasonable doubt.?

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 fact the persistent repeater enhancement never applied to him.

Whether Dillard is entitled to withdraw his plea on the alternative ground that his trial lawyer was deficient in failing to discern that Dillard was not subject to the persistent repeater enhancement.

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 Times article about a recent analysis of their workload.

Judge Richard Posner,