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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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Dismissal of pro se appeal affirmed for lack of service
City of West Allis v. Brandon J. Michaels, Appeal No. 2013AP710, District 1, 11/13/13; (one-judge decision, ineligible for publication); case activity Michaels tried to appeal a municipal court conviction for disorderly conduct to the circuit court, per Wis. Stat. § 800.14. He consulted the clerk of court and followed all of the instructions he was given. […]
Hearing on motion for plea withdrawal granted; trial court failed to ensure mentally-impaired defendant understood plea
State v. Matthew Allen Lilek, Appeal No. 2012AP1855, District 1; 11/13/13, (not recommended for publication), case activity The dispositive issue in this appeal was whether the defendant, who is legally blind and has suffered cognitive disabilities his entire life, knowingly, intelligently, and voluntarily entered a no-contest plea to second degree sexual assault, with use of force, […]
Failure of squad video to corroborate every detail of officer’s testimony doesn’t defeat trial court’s findings of fact
State v. Steven L. Udelhofen, 2013AP1244-CR, District 4, 11/14/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court’s findings of fact regarding the circumstances of the stop of Udelhofen are not clearly erroneous despite the fact that he squad car video didn’t corroborate all the details of the officer’s testimony regarding […]
Person committed under ch. 980 is entitled to appointment of counsel, independent examiner before court reviews discharge petition
State v. Bradley M. Jones, 2013 WI App 151; case activity ¶1 …. Wisconsin Stat. § 980.07 (2011-12) mandates annual reexamination of persons committed to secure treatment facilities as sexually violent persons. Following the Department of Health Services’ annual reexamination, Bradley M. Jones requested and was denied appointment of an independent examiner and counsel prior to review of […]
Good faith exception to exclusionary rule saves fruits of unlawful search in Mexico
State v. Jack E. Johnson, 2013 WI App 140; case activity As part of their investigation of Johnson’s involvement in a homicide, Wisconsin police wanted to search Johnson’s rented residence in Rosarito, Mexico. They contacted FBI Special Agent Eckel, the U.S. liaison between Mexican and American law enforcement authorities. Eckel called a liaison in Mexico and told […]
Passing mention of prescription drug didn’t taint OWI trial
State v. Jeffrey M. Halida, 2013AP1298, District 2, 11/13/13; court of appeals decision (1-judge; ineligible for publication); case activity Halida was arrested for OWI after a motorcycle accident. In response to routine medical questions asked before the blood draw, he told the officer he took two Oxycodone pills earlier that day for a hand injury. […]
Monday madness: links to click-worthy legal news
You know the NYC stop-and-frisk litigation where the Second Circuit sua sponte removed the district court judge. The plaintiffs have moved for en banc reconsideration. Read the story and the pleadings here. Speaking of traffic stops, this one led to 3 enemas, a colonoscopy and a now lawsuit. Ick. Click here. Public defender disbarred for […]
Wisconsin Supreme Court finds review of Chapter 54 guardianship case was improvidently granted
Steve P. v. Maegan F., 2013 WI 89, dismissing review of an unpublished court of appeals decision; per curiam (Justice Prosser did not participate); case activity This is every appellate lawyer’s nightmare–pouring your heart into an emotionally charged case presenting a provocative legal issue briefed by 5 different parties and amici and then having the supreme court […]
Evidence insufficient to sustain order continuing protective placement under ch. 55
Wood County Human Services v. James D., 2013AP1378, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity One of the elements of protective placement is that the person has a disability that is permanent or likely to be permanent, § 55.08(1)(d). The County failed to prove this element by clear and convincing evidence because […]
Police had reasonable suspicion to stop driver to investigate both OWI and theft
Sun Prairie v. Brent D. Curry, 2013AP1206, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity Police had reasonable suspicion to stop Curry, who was driving on a residential street at 3:40 a.m., turned around, sped past the officer’s car, and then turned at a high rate of speed into the […]
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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.