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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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Falling asleep behind the wheel constitutes inattentive driving under § 346.89(1)
Dodge County v. Giovanina Louise Ray, 2013AP1588, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity The general prohibition against inattentive driving in § 346.89(1) covers falling asleep behind the wheel. Ray argued the statutory language prohibiting a person from being “so engaged or occupied as to interfere with the safe driving” of […]
Erroneous admission of other acts evidence was harmless; letter written by attorney to victim at defendant’s behest was properly admitted
State v. Jeffrey A. Adamczak, 2013 WI App 150; case activity Admission of other acts evidence Adamczak was charged with sexual exploitation by a therapist in violation of Wis. Stat. § 940.22 for having sexual contact with Sabrina. He testified the contact occurred, but only after the patient-therapist relationship was over. (¶¶3, 5). Before trial the […]
U.S. Supreme Court: Federal circuit court failed to give required “double deference” under AEDPA to state court’s resolution of ineffective assitance of counsel claim
Burt v. Titlow, USSC No. 12-414, 11/5/13 United States Supreme Court decision, reversing Titlow v. Burt, 680 F.3d 577 (6th Cir. 2012) When a state prisoner asks a federal court to set aside a sentence due to ineffective assistance of counsel during plea bargaining, our cases require that the federal court use a “‘doubly deferential’” standard of review […]
Defendant can’t make hay with claims the trial court erred by excluding certain evidence and rejecting his proposed jury instructions
State v. Richard P. Selenske, 2013AP1403-CR, District 3, 11/5/13; court of appeals decision (1-judge; ineligible for publication); case activity A dispute about a contract for the purchase of standing hay grew into a misdemeanor theft charge when Selenske, the farmer who owned the hay fields, would not let Kern, the farmer who purchased the hay, […]
Does SCOTUS decision holding that sentencing a juvenile to life without parole is unconstitional apply retroactively?
The Sentencing Law and Policy blog (an affiliate of the law professor blogs network) tees up the issue nicely. Their post is pasted in below. When and how will SCOTUS take up Miller retroactivity issues? The question in the title of this post is promoted by this local piece reporting on reactions to the Pennsylvania […]
Justice Prevails: A chat with Ruth Bader Ginsburg
Legal history buffs and women’s history enthusiasts might enjoy Cornell Alumni Magazine’s new interview of SCOTUS Justice Ruth Bader Ginsburg. To read it, click here.
Evidence sufficient to support jury’s sexual assualt verdict against gynecologist; joinder of claims upheld
State v. Evan K. Saunders, 2013AP1229-CR, District 1, 11/5/13 (1 judge; ineligible for publication); case activity This case concerns a gynecologist’s sexual assault of 4 different patients over 2 1/2 years. Sufficiency of evidence: Fourth degree sexual assault requires proof that the defendant had “sexual contact” with the victim without her consent. Wis. Stat. § […]
DA moves to ban referring to prosecution as the “Government”; defense counsel asks to be called “Captain Justice, Guardian of the Realm and Leader of the Resistance”
Talk about creative lawyering. In a pending aggravated burglary case, a Tennessee DA moved to ban references to the prosecution as the “government” during trial because it sounds too oppressive. The criminal defense lawyer’s response: Judge, if we’re going to let parties ban words (a First Amendment violation) and pick their own designations, call me […]
Haunted courthouses, racial profiling, and challenging ICE arrests at the courthouse
First, a spoonful of sugar: Haunted courthouses. Just in time for All Souls Day! Public speaking tips for women lawyers. Ladies, are you speaking at next week’s SPD conference? This BigLaw memo for lady lawyers will rile you! Now, the medicine–links to posts about serious issues: Second Circuit removes judge who ordered overhaul of NYPD’s stop-and-frisk practices. Read […]
Trial court’s findings of fact in support of reasonable suspicion were not clearly erroneous
State v. Nick A. Lutter, 2012AP2586, District 4, 10/31/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court’s findings of fact at the suppression hearing were not clearly erroneous, and they supported the court’s conclusion there was reasonable suspicion to stop Lutter. Among other reasons for the stop, the state trooper […]
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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.