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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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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 […]
State loses restitution appeal; proof of damages and nexus to crime is just too skimpy
State v. Deris Huley, 2013AP682, 9/26/13 (1-judge ineligible for publication); case activity It’s not often the court of appeals rules against the State. Huley pled no contest to a misdemeanor hit and run of an attended vehicle, as a repeater. See §346.74(5)(a). The State sought restitution in the amount of $4,064.83 for the victim’s personal injuries. […]
Right to confront and present evidence; probative value of evidence outweighed by prejudicial effect, § 904.03
State v. Damon R. Lowe, 2012AP555-CR, District 2, 9/18/13; court of appeals decision (not recommended for publication); case activity Lowe, charged with sexual and physical abuse of V.A.L., his adopted daughter, sought to present evidence that she was motivated to fabricate her allegations because she wanted to get away from her overly strict father, who […]
More on probable cause to arrest for OWI
State v. George R. Ferrell, Appeal No. 2012AP2602, 9/26/13, (1-judge; ineligible for publication); case activity A state trooper does not need evidence such as odors, admissions or containers to have probable cause to arrest for OWI. These facts will do the trick: ¶12 . . . [T]he State Patrol received several reports that Ferrell was […]
For intent to defraud case, no need to instruct jury on terms of contract authorizing defendant’s conduct
State v. Greg LaPean, 2012AP2309-CR, District 3, 9/26/13 (not recommended for publication); case activity This case boils down to whether LaPean transferred encumbered farm equipment with intent to defraud his lender, Security State Bank, in violation of § 943.84(2)(a); Wis JI-Criminal 1470. LaPean asserted the real controversy was not tried due to an incomplete instruction on intent, there […]
Police had probable cause to arrest for OWI based on driver’s admission he was impaired
Winnebago County v. Brady E. Bauman, 2013AP1075, District 2, 9/18/13; court of appeals decision (1-judge; ineligible for publication); case activity After encountering a deputy in a parking lot, Bauman stated he had been drinking, had driven a half-hour before, and had pulled into the parking lot because he felt impaired. The deputy asked, “Are you telling […]
Lack of colloquy regarding waiver of counsel in prior OWI case does not make prima facie showing for collateral attack
State v. Glen G. Bowe, 2013AP238-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity The lack of any colloquy regarding Bowe’s waiver of his right to counsel when he pled in his prior OWI case does not by itself make the prima facie showing necessary for a collateral attack on […]
Reseasonable suspicion of impairment justified extension of traffic stop to conduct field sobriety tests
State v. Kenneth B. Burmeister, 2013AP1016-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity Police lawfully extended a traffic stop to conduct field sobriety tests because the odor of alcohol, the driver’s initial “deflective answer” to the question of whether he had been drinking, and his subsequent admission to drinking […]
Ineffective assistance of counsel — failure to demand speedy trial, communicate with defendant, and impeach the victim. Sentencing — unduly harsh sentence.
State v. Jerry Lee Carson, 2012AP2616-CR, District 1, 9/17/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of trial counsel Carson, convicted of second degree recklessly endangering safety, claimed his trial lawyer was ineffective on various grounds. The court of appeals holds counsel was not ineffective for failing to: Demand a […]
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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.