Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
Use of counsel in prior cases defeats defendant’s claim that he didn’t knowingly waive his right to counsel in later case
State v. Scott J. Stelzer, 2013AP1555-CR, District 2, 12/27/13 (1-judge decision; ineligible for publication), case activity After being convicted of his 3rd OWI offense, Stelzer moved to exclude his 2nd OWI (which occurred in 1996) from the calculation of his prior convictions on the grounds that he was not represented by counsel when he pled […]
Wisconsin Supreme Court: Discretionary authority to dismiss refusal charges is limited to cases in which defendant pleads guilty to underlying OWI
State v. Brandon H. Bentdahl, 2013 WI 106, reversing an unpublished court of appeals decision; opinion for a unanimous court by Justice Crooks; case activity In State v. Brooks, 113 Wis. 2d 347, 348-49, 335 N.W.2d 354 (1983), the supreme court held that a circuit court has discretionary authority to dismiss a refusal charge under […]
Federal district court grants habeas relief based on violation of Confrontation Clause; calls Wisconsin court’s harmless error analysis “a sterilized, post-hoc rationalization for upholding the result”
Mark D. Jensen v. James Schwochert, No. 11-C-0803 (E.D. Wis. Dec. 18, 2013) Judge William Griesbach of the U.S. District Court, Eastern District of Wisconsin, has ordered a new trial for Mark Jensen, who was convicted of killing his wife Julie based in part on the use of oral and written statements she made before […]
State v. Andres Romero-Georgana, 2012AP55, petition for review granted 12/19/13
Review of unpublished per curiam court of appeals decision; case activity Issues (composed by On Point) Whether the defendant’s Wis. Stat. § 974.06 postconviction motion, which alleged postconviction counsel was ineffective for failing to raise a plea withdrawal claim on direct appeal, contained sufficient allegations to warrant an evidentiary hearing. Whether postconviction counsel was ineffective under […]
Capitol rotunda singer gets civil pre-trial discovery in State’s action to collect forfeiture
State v. Anica C. C. Bausch, 2014 WI App 12; case activity Bausch participated in a “Solidarity Sing Along” at the State Capitol in the fall of 2012. The Capitol Police cited her for violating Wis. Admin. Code ADM sec. 2.14(2)(v). Bausch pled “not guilty” and served the State with requests for admissions, interrogatories, and production […]
Drive-through employee’s observation and tip provide reasonable suspicion for OWI stop
State v. Mary J. Kamuchey, 2013 AP1684-CR, District 4, 12/19/13 (1-judge opinion; ineligible for publication); case activity Issue: Whether an anonymous “citizen informant’s” call from a McDonald’s drive-through at 2:00 a.m., describing an argumentative driver who smelled of alcohol and was believed to be drunk, provided reasonable suspicion for OWI stop even though the officer […]
State ex rel. Lorenzo Kyles v. William Pollard, 2012AP378-W, petition for review granted 12/17/13
Review of an unpublished court of appeals decision that is not available online; case activity Issue: Whether a client alleging ineffective assistance of counsel based on his trial lawyer’s unavailability or failure to respond to a request for an appeal during the 20-day period for filing a notice of intent to pursue postconviction must raise his claim via a […]
Trial counsel was not ineffective for failing to argue officers in resisting arrest case acted without lawful authority
State v. Andrew K. Valiquette, 2013AP909-CR, District 4, 12/19/13; court of appeals decision (1-judge; ineligible for publication); case activity Valiquette, convicted of resisting arrest, argues the police lacked lawful authority when they moved to pat him down for weapons, and asserts trial counsel’s failure to pursue that defense was based on a misunderstanding of the […]
Grant of continuance under speedy trial statute also continued deadline for trial under Intrastate Detainer Act
State v. Malcolm A. Butler, 2014 WI App 4; case activity The 120-day deadline for trying a case under the Intrastate Detainer Act, § 971.11(2), is explicitly “subject to” the speedy trial statute, § 971.10; thus, the Intrastate Detainer Act incorporates the provision of the speedy trial statute that allows for continuances for good cause, § 971.10(3)(a), and […]
Court to State: Ends of adult court jurisdiction don’t justify means violating juvenile code
State v. Cody Phillips, 2014 WI App 3; case activity This case reached the court of appeals via a petition for leave to appeal a non-final order. The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a […]
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.