On Point

Kansas v. Cheever, USSC No. 12-609, 12/11/13 United States Supreme Court decision, reversing Kansas v. Cheever, 284 P.3d 1007 (Kan. 2012). The Supreme Court unanimously holds that “where a defense expert who has examined the defendant testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence from a […]

The Third Circuit plans to rehear en banc a case limiting the scope of the Davis good faith exception to the exclusionary rule.  Read Orin Kerr’s analysis of the problem on The Volokh Conspiracy. Is there a national epidemic of Brady violations?  Ninth Circuit Judge Alex Kozinski thinks so, and he wants to see prosecutors penalized for them.  Read […]

State v. Tina M. Jacobsen, 2014 WI App 13; case activity Jacobsen was charged with 8 offenses for stealing $500,000 from her employer, and she was convicted on 3 counts.  The charges were based on 289 individual thefts occurring over 3 years.  On appeal she claimed her trial lawyer was ineffective for failing advise her […]

State v. Julian L. Perez, 2013AP750-CR, District 1, 12/10/13; court of appeals decision (not recommended for publication); case activity Where the evidence at trial showed that the defendant possessed a firearm over a short span of time at two locations in the same apartment building, the jury did not need to be unanimous as to […]

State v. Jeffery Polar, Jr., 2014 WI App 15; case activity The court of appeals holds that the plain language of § 973.195(1r)(a) requires a defendant serving multiple sentences to file a separate sentence adjustment petition for each individual sentence the defendant is seeking to adjust. Polar’s governing sentences consisted of two consecutive terms, one […]

Review of an unpublished, per curiam court of appeals decision; case activity; State’s petition for review Issues (from the State’s petition): 1. Did the prosecutor’s sentencing argument breach the plea agreement by undermining the agreed-upon sentencing recommendation? 2. Was defense counsel ineffective for failing to object to the alleged breach of the plea agreement? 3. In State v. […]

Review of a published court of appeals decision; case activity Issue (composed by On Point) Wis. Stat. § 970.038 (2011-12) makes hearsay evidence admissible at a criminal defendant’s preliminary examination and permits the probable cause determination and bindover decision at a preliminary examination to be based “in whole or in part” on hearsay evidence. Do these provisions […]

How many misdemeanor cases is too many for one public defender to take in one year?  Is it okay to advise a client to take a fantastic plea bargain without having a confidential conversation with him first?  What about skipping the investigation of  a client’s story?  In Wilbur v.  City of Mount Vernon, Case No. C11-1100RSL (12/4/13) the Western District of […]

Cuts in public defender programs cause Sixth Amendment violations, says federal judge.  Sort of “no duh,” but it’s a big story.  Read more here. Forty two states get an “F” in judicial ethics, according to a new report by The Center for Public Integrity.  Guess which side of the line Wisconsin fall on?  You guessed right, but we’re […]

State v. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded conversations in Spanish between Figueroa and J.R., who alleged Figueroa had sexually assaulted her […]