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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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Court of appeals reverses order for involunatry medication
Eau Claire County v. Mary S., 2013AP2098, District 3, 1/28/14 (1-judge opinion ineligible for publication); case activity Mary S. was placed under a Chapter 51 mental health commitment and involuntary medication order in 2011, and those orders were extended once. But when the County sought to extend the orders again, Mary objected and argued that […]
Good-faith exception to exclusionary rule saves search warrant based on unlawful search using drug dog
State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14, affirmed, 2015 WI 22; case activity Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable […]
Resentencing required because PSI included defendant’s compelled statements to probation agent
State v. Danny Robert Alexander, 2013AP843-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication), petition for review granted 6/12/14, reversed, 2015 WI 6; case activity Alexander was on probation when he was charged with forgery. He pled to the forgery and a PSI was prepared. (¶2). Attached to the PSI were statements the defendant […]
Resentencing judge was not vindictive, did not rely on inaccurate information, and did not impose excessive sentence
State v. Quincy Lashawn Baker, 2013AP242-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Baker was given a resentencing hearing based on inaccurate information about the maximum periods of confinement and supervision for the crime of conviction (felony murder). (¶¶4-5). At the resentencing hearing before a different judge, the state […]
Traffic stop based on seat belt violation didn’t preclude frisk of passenger
State v. Dartanian Lemont Lewis, 2013AP454-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Lewis was a passenger in a car stopped for safety belt violations. During the stop he was frisked, leading to the discovery of cocaine. He argued the frisk was improper because § 347.48(2m)(gm) prohibits police from taking an […]
Defendant in traffic forfeiture case can’t seek costs against plaintiff
County of Milwaukee v. Shear Winston, 2013AP479, District 1, 1/28/14; court of appeals decision (1-judge; ineligible for publication); case activity Winston can’t get court costs against the county after his speeding citations were dismissed (¶¶2-5): ¶11 Wisconsin Stat. § 345.53 states: “[i]n traffic regulation actions in all courts, costs may not be taxed against the plaintiff.” The language […]
SCOTUS unanimously reverses 8th Circuit’s intepretation of causation required by mandatory minimum provision of Controlled Substances Act
Marcus Burrage v. United States, USSC 12-7515, 1/27/14, reversing United States v. Burrage, 687 F.3d 1015 (8th Cir. 2012). Docket here. SCOTUSblog analysis here. The Uniform Controlled Substances Act imposes a 20-year mandatory minimum sentence on a defendant who unlawfully distributes a Schedule I or II drug, when “death or serious bodily injury results from […]
Admission of toxicology report on which pathologist relied was harmless error
State v. Peter T. Heine, 2014 WI App 32; case activity Heine was charged with reckless homicide for supplying heroin to a young man who died after using the drug. (¶1). Tranchida, the pathologist who conducted the autopsy, concluded the victim died of a heroin overdose based both on his findings during the autopsy and on a toxicology […]
Links to this week’s fascinating legal news
“Why the #@$%1 is Justin Bieber’s sentencing exposure so low for underage DUI?” Click here to find out. (Please note that On Point did not write the headline!) Criminal defense lawyers get probation for violating witness sequestration order. Click here. LA Times: CA lawyer disbarred for possessing child pornography. Click here. Can lawyers use peremptory strikes to […]
No warrant, no affidavit, no worries. Failure to file suppression motion wasn’t ineffective assistance of counsel
State v. James Howard, 2013AP190-CR; 1/22/14; District 1; (not recommended for publication); case activity Howard, a former correctional officer, was convicted of 2nd and 3rd degree sexual assault of an inmate at the Milwaukee County Criminal Justice Facility. On appeal he argued that his trial counsel was ineffective for failing to: (1) move to suppress […]
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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.