Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
Wisconsin Supreme Court declines to decide case involving a minor’s right to refuse medical treatment
Dane County v. Sheila W., 2013 WI 63 (per curiam), affirming court of appeals summary disposition; case activity The supreme court dismisses as moot a case presenting the questions of whether Wisconsin recognizes the “mature minor” doctrine, which permits a minor to give or refuse consent to medical treatment after a finding that she is sufficiently mature […]
Ineffective assistance of counsel — failure to object to evidence. Circuit court’s discretion to admit other acts evidence and child victim’s video statement
State v. Roy H. Beals, 2012AP1079-CR, District 2/1, 7/9/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel Trial counsel in a sexual assault prosecution was not ineffective for failing to object to portions of two different video statements of the child victim (one from 2007, the other from 2009) because the […]
Introducing the Handbook on Appellate Practice and Procedure for SPD-Appointed Counsel!
Do you take appellate appointments from the State Public Defender? Do you wonder what an SPD appellate appointment entails? The resource you’ve been waiting for has finally arrived: Appellate Practice and Procedure for SPD-Appointed Counsel. This handbook covers everything from issue spotting, to communicating with clients, postconviction motions, merit appeals, no-merit procedure, and petitions for review. […]
The Plotkin Analysis
By Adam Plotkin, SPD Legislative Liaison With the budget and compensation plan through the legislature, and recently signed by the Governor, I wanted to recap the major provisions affecting the SPD in those two packages. Future articles will focus on other changes affecting the SPD’s legal practice; this is a review of those issues specific […]
SCOW affirms convictions of praying parents
State v. Neumann, 2011AP1044 and 2011AP1105, on certification from the court of appeals; case activity; majority opinion by C.J. Abrahamson. In a 94-page decision, including a lone dissent by Justice Prosser, the Supreme Court of Wisconsin has affirmed the 2nd degree reckless homicide convictions of Dale and Leilani Neumann for the death of their 11-year […]
Wisconsin Supreme Court declines to overrule State v. Shiffra, but divides on remedy “in this case”
State v. Samuel Curtis Johnson, III, 2013 WI 59 (per curiam), affirming, as modified, an unpublished court of appeals opinion; reconsideration granted, 2014 WI 16 (per curiam); Justices Prosser and Gableman not participating; case activity (Note: On July 22, 2013, both Johnson and the state filed motions for reconsideration of the court’s original decision; the motions were decided […]
Confession — invocation of right to remain silent; voluntariness
State v. Ladarius Marshall, 2012AP140-CR, District 1, 7/2/13; court of appeals decision (not recommended for publication); case activity The trial court properly denied Marshall’s motion to suppress his statements to police made during on-again off-again interrogation lasting from 10:45 a.m. to 9:00 p.m. The court first rejects Marshall’s argument he didn’t invoke his right to […]
Repeated child sexual assault, § 948.025: instruction on first degree child sexual assault as lesser-included; other acts evidence; date of offense; ineffective assistance of counsel
State v. Robert T. Warriner, 2012AP244-CR, District 2/1, 7/2/13; court of appeals decision (not recommended for publication); case activity Instruction on first degree child sexual assault as lesser-included of repeated child sexual assault At trial the child testified that Warriner sexually assaulted her on only two occasions, so the trial court agreed, over Warriner’s objections, […]
Reference to defendant’s right against self-incrimination; newly discovered evidence — recantation
State v. Haven Pettigrew, 2012AP1860-CR, District 2/1, 7/2/13; court of appeals decision (not recommended for publication); case activity Reference to right against self-incrimination Defense counsel revealed her theory of defense for the first time in her opening statement. During direct examination of the lead detective if that was the first time he had heard that […]
Doyle Randall Paroline v. United States, USSC No. 12-8561, cert granted 6/27/13
Question presented: What, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. § 2259? Lower court opinion: In re: Amy Unknown: United States v. Paroline, 701 F.3d 749 (5th Cir. 2012) Docket Scotusblog […]
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.