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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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Evidence was sufficient to prove ch. 980 respondent is still dangerous
State v. Edward Cotton, 2013AP452, District 1, 1/7/14; court of appeals decision (not recommended for publication); case activity At the hearing on Cotton’s petition for discharge from his ch. 980 commitment the state’s experts testified that Cotton’s high psychopathy coupled with his sexual deviance raised his risk to reoffend. They also opined that sex offender […]
Applying Daubert standard only to ch. 980 cases filed after adoption of the standard does not violate equal protection or due process
State v. Ronald Knipfer, 2014 WI App 9, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this follow-up to the recent decision in State v. Alger, 2013 WI App 148, ___ Wis. 2d ___, ___ N.W.2d ___, the court of appeals rejects two constitutional challenges to the legislation that limits the newly-adopted […]
Once again, court of appeals holds enhancer time may be used for extended supervision portion of an enhanced misdemeanor sentence
State v. Torrey L. Smith-Iwer, 2013AP1426-CR, District 1, 12/27/13; court of appeals decision (1-judge; ineligible for publication); case activity Smith-Iwer was convicted of four misdemeanors as a repeat offender under § 939.62(1)(a) and given four consecutive two-year sentences, each consisting of one year of confinement and one year of extended supervision. He moved for postconviction relief, […]
Two-year, eight-month charging delay did not violate Sixth Amendment speedy trial guarantee
State v. Thomas A. Jahnke, 2013AP1576-CR, District 1, 12/27/13; court of appeals decision (1-judge; ineligible for publication); case activity Whether a defendant’s Sixth Amendment right to a speedy trial has been violated depends on: the length of the delay; the reason for the delay; the defendant’s timely assertion of the speedy-trial right; and prejudice to the […]
Court rejects argument that waiver of counsel was involuntary because it was not “free from financial constraint”
State v. Gregory Garro, 2013AP342-CR, District 1, 12/27/13; court of appeals decision (not recommended for publication); case activity Garro waived the right to counsel before trial after two retained lawyers withdrew because he couldn’t pay them. (3). Garro told the court he couldn’t afford the fees quoted by the lawyers, but did have some money […]
Excuses, excuses: SCOW suspends law license for lack of client communication
OLR v. Bridget E. Boyle, 2011AP1767-D, per curiam, case activity Communicating with a client who has been convicted of a crime and sentenced to prison can be challenging. Still, the Supreme Court Rules apply whether an attorney is hired or appointed and whether her clients are difficult or cooperative. In this ethics decision, SCOW found […]
Do dentures distort breathalyzer test results?
State v. Mark K. Schrick, 2013AP1166-CR, District 4, 12/27/13 (1-judge decision, ineligible for publication); case activity Actually, this case concerns more than just dentures. A jury convicted Schrick of operating a vehicle with a prohibited alcohol concentration in violation of §346.63(1)(b). On appeal, Schrick challenged (1) the trial court’s decision to deny his motion for […]
Failure to object forfeits error in TPR case and prevents showing of harmful error
Barron County DH&HS v. Tara H., 2013AP2250, District 3, 12/27/13, unpublished; case activity This is Tara H.’s 2nd trip to the court of appeals regarding this TPR. The first time she won a new dispositional hearing. At the start of that 2nd dispositional hearing, Tara’s counsel asked the trial court about the relevant time period […]
Equivocal answers amount to refusal to submit to blood test
State v. Carl J. Opelt, 2013AP1798, District IV, 12/27/13 (1-judge decision, ineligible for publication); case activity. Police arrested Opelt for OWI. While transporting him to the hospital, an officer asked him 14 times to submit to an evidentiary chemical test of his blood. The circuit court found that Opelt refused to promptly submit to the […]
Car in a ditch provides reasonable suspicion that traffic violation occurred
State v. David Lawrence Eastman, 2013AP1401-CR, District 3 (1-judge decision; ineligible for publication); case activity A police officer may conduct a traffic stop when he has grounds to reasonably suspect that either a crime or a traffic violation has or will be committed. See State v. Popke, 2009 WI 37, ¶23, 317 Wis. 2d 118, […]
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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.