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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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Sentencing — consideration of dismissed charge. Resisting/obstructing, § 946.41 — sufficiency of evidence.
State v. Earnest Lee Nicholson, 2013AP722-CR, District 1, 10/29/13; court of appeals decision (1-judge; ineligible for publication); case activity Nicholson was arrested for felony battery of his girlfriend, Marnice Franklin, but the battery charge was dismissed after Franklin failed to appear to testify at trial; Nicholson was also charged with resisting an officer, and that […]
Illegal arrest of driver in her garage doesn’t require suppression of blood test
State v. Kari L. Schiewe, 2012AP2767-CR, District 4, 10/24/13; court of appeals decision (1-judge; ineligible for publication); case activity Applying well-established principles the court of appeals holds that despite the lack of field sobriety tests or other additional investigatory steps there was probable cause to arrest Schiewe for OWI based on information from witnesses and […]
Probable cause finding establishes defendant’s breach of plea agreement; State chooses remedy of partial recission
State v. Carl A. Reed, 2013 WI App 132; case activity Reed pled no contest to substantial battery in exchange for the State’s agreement to dismiss 3 other counts and to refrain from making a sentencing recommendation. The State also received the right to withdraw from the agreement if Reed “commits any new or additional […]
Evidence of citizen complaints against arresting officer was not admissible to impeach officer’s truthfulness
State v. Richard P. Hessil, 2013AP944-CR, District 2, 10/23/13; court of appeals decision (1-judge; ineligible for publication); case activity Hessil, charged with resisting an officer, disorderly conduct, and failure to obey a traffic officer, unsuccessfully moved to admit evidence of citizen complaints and police employment records to cast doubt on the arresting officer’s character for truthfulness, citing […]
Court rejects sufficiency claim based on discrepancies between charging document and proof
State v. Dragisa Pavlovic, 2013AP1180-CR, District 2, 10/23/13; court of appeals decision (1-judge; ineligible for publication); case activity Pavlovic was charged with bail jumping for violating bond conditions that included no contact with his wife or her residence. (¶2). One count alleged he had contact with his wife on July 23; the evidence at trial, however, […]
Freddie Lee Hall v. Florida, USSC No. 12-10882, cert. granted 10/21/13
Question presented: Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia. Lower court opinion: Hall v. State, 109 So.3d 704 (Fla. 2012) Docket Scotusblog page Atkins v. Virginia, 536 U.S. 304 (2002), held that it is unconstitutional under the Eighth Amendment to execute a person who is found […]
Benjamin Robers v. United States, USSC No. 12-9012, cert. granted 10/21/13
Question presented: Whether a defendant-who has fraudulently obtained a loan and thus owes restitution for the loan under 18 U.S.C. § 3663A(b)(1)(B) returns “any part” of the loan money by giving the lenders the collateral that secures the money? Lower court opinion: United States v. Robers, 698 F.3d 937 (7th Cir. 2012) Docket Scotusblog page In […]
Court upholds traffic stop based on improper flashing of high beams
Jackson County v. Robert J. Troka, 2013AP317, District 4, 10/17/13; court of appeals decision (1-judge; ineligible for publication); case activity A police officer lawfully stopped a car traveling in the opposite direction that flashed its high beams at the officer twice, once within about a half mile of the officer, the second time within about […]
Failure to impeach witness with mental health condition. Failure to request WIs. J.I.-Criminal 245 on accomplice testimony. Interrogation — Miranda custody; interrogator’s comments on truthfulness
State v. Deandre J. Bernard, 2012AP750-CR, District 4, 10/17/13; court of appeals decision (not recommended for publication); case activity Trial counsel’s failure to impeach witness with mental health condition was not prejudicial Trial counsel was not ineffective for failing to impeach the credibility of a witness who testified that Bernard told her “I think I […]
Friday frivolities!
How about a break from all of the serious posts on the latest appellate decisions? Today On Point brings you links to the far-fetched and funny fringes of the law! What happens when a juror (who also happens to be a lawyer) flips the bird at the defendant? Find out here. Can lawyers smoke pot in […]
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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.