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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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Link rot: it’s everywhere; sometimes it’s funny
Devoted readers of On Point and its predecessor, Case Summaries, have, on more than a few occasions, encountered a problem called “link rot.” You’re reading a post. It includes a hyperlink to a tantalizing source. You click on it and get an error message. Arghh! On Point tries hard to catch and fix those links, […]
Parent in TPR not entitled to instruction about incarceration making it impossible to comply with conditions for return of her child because she had ample time before incarceration to comply
Ozaukee County DHS v. Callen D.M., 2013AP1157, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Callen D.M. was not entitled to an instruction about the impossibility of meeting the conditions of a CHIPS order due to her incarceration, a TPR defense recognized in Kenosha Cty. DHS v. Jodie W., 2006 WI 93, […]
Anonymous tip naming defendant and officer’s own observations combined to support traffic stop
Manitowoc County v. Ryan A. Spatchek, 2013AP986, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity An anonymous call to police dispatch said Spatchek was operating while intoxicated and that the caller was concerned for his safety and provided verifiable information as to Spatchek’s location that was later confirmed by a deputy […]
Counsel was not ineffective for not calling a witness he thought was unpredictable and “less than credible”
State v. Alejandro Rodriguez, 2013AP695-CR, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Trial counsel was not ineffective for deciding not to call Rodriguez’s girlfriend as a witness. Counsel advised Rodriguez he thought it was not in Rodriguez’s interests to have her testify because her recantations made her credibility suspect, she refused to […]
Juvenile waiver decision is not invalidated even though juvenile could not be waived on one of the two cases on which waiver was based
State v. Jace H., 2012AP2479, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity The state petitioned to waive Jace H. into adult court in two delinquency cases involving allegations of sexual assault of two different victims. (¶¶2-4). After the circuit court granted the waiver petition, Jace’s new lawyer determined–and the […]
Court’s deviation from the exact language of immigration warning in § 971.08(1)(c) doesn’t entitle defendant to plea withdrawal
State v. Ali Mursal, 2013 WI App 125; case activity Before accepting a defendant’s guilty or no contest plea the court is required to advise the defendant there may be immigration consequences. Wis. Stat. § 971.08(1)(c). While that statute prescribes a text for the required warning—complete with quotation marks—the court of appeals holds in this […]
October Arguments in SCOW
The Supreme Court of Wisconsin is about to hear arguments in 5 cases of interest to public defenders. See the list of cases and issues below. Perhaps you are wrestling with the same issue in one of your cases. If so, click on the case name to get to the court docket and the parties’ […]
TPR — evidence of parent’s failure to meet conditions for return of other children under a CHIPS order in a different county
State v. Roberta W., 2013AP936, District 1, 9/24/13; court of appeals decision (1-judge; ineligible for publication); case activity Trial counsel was not ineffective for failing to object to evidence that Roberta W. had failed to meet the conditions for the return of two of her other children under a CHIPS order in a different county […]
State v. Muhammad Sarfraz, 2012AP337-CR, petition for review granted 9/17/13
Review of published court of appeals decision; case activity Issue (composed by On Point) Does Wis. Stat. § 972.11(2)(b)1. bar evidence of prior consensual sexual activity between a defendant and complainant in a case involving alleged forcible criminal conduct because the consensual conduct is not relevant to a material fact in the case? Petitions for review are […]
Court of appeals rejects use of collective knowledge doctrine to undercut reasonable suspicion
City of Stevens Point v. Katrina L. Shurpit, Appeal No. 2013AP538, 9/26/13; (1-judge; ineligible for publication); case activity Shurpit challenged the investigative stop that led to her convictions for operating a vehicle with a prohibited alcohol content and while under the influence of an intoxicant. A hit-and-run had a occurred in the vicinity a few minutes […]
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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.