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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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Wisconsin Supreme Court: Deadline for requesting refusal hearing cannot be extended
Village of Elm Grove v. Richard K. Brefka, 2013 WI 54, affirming unpublished court of appeals opinion; Justice Bradley, for a unanimous court; case activity The 10-day deadline for filing a request for a refusal hearing, §§ 343.305(9)(a)4. and (10)(a), is mandatory, and may not be extended based on excusable neglect. Brefka was issued a […]
TPR — Continuing CHIPS ground; constitutionality as applied to parent with cognitive limitations
State v. Ebony D., 2013AP619, 2013AP620, & 2013AP621, District 1, 6/25/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP619; 2013AP620; 2013AP621 The continuing need for protection and services grounds for termination of parental rights, § 48.415(2), is not unconstitutional as applied to Ebony D. because the evidence shows she was able to meet the […]
OWI — foundation for expert testimony regarding BAC at time of driving
City of Port Washington v. David A. Thompson, 2012AP2500, District 2, 6/26/13; court of appeals opinion (1-judge; ineligible for publication); case activity The trial court did not err in allowing Hackworthy, the state’s chemical test expert, to give her opinion that Thompson’s BAC at the time of driving was 0.15 based on average alcohol elimination […]
Change of venue based on pretrial publicity; denial of speedy trial; newly discovered evidence
State v. Michael T. O’Haver, 2011Ap2930-CR, District 2/4, 6/20/13; court of appeals decision (not recommended for publication); case activity Change of venue The circuit court did not erroneously exercise its discretion in denying O’Haver’s motion to change venue, applying State v. Albrecht, 184 Wis. 2d 287, 306, 516 N.W.2d 776 (Ct. App. 1994). There were […]
Refusal hearing — sufficiency of evidence; lawfulness of blood draw after refusal
State of Wisconsin/City of Sturgeon Bay v. Bradley H. Hart, 2013AP85, District 3, 6/18/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court’s finding that Hart refused a chemical is not clearly erroneous, despite Hart’s being from Illinois, where the law is different, and his acquiescence, without physical resistance, to the […]
Federal sex offender registration law applies to person discharged from his sentence before passage of law
United States v. Anthony James Kebodeaux, USSC No. 12-418, 6/24/13 United States Supreme Court decision, reversing U.S. v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012) The Court holds that the federal Sex Offender Registration and Notification Act (SORNA) applies to a person despite the fact he was convicted (at a court martial), and completed service of […]
Wisconsin Supreme Court holds a weekend guest can consent to a search of her host’s home
State v. Kenneth M. Sobczak, 2013 WI 52, affirming published court of appeals decision; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent. In a significant expansion of the third-party consent doctrine, the supreme court holds that a weekend guest may grant consent to police to enter her host’s home […]
SCOW extends theft-of-property statute to phone services
State v. Steffes, 2013 WI 53, on review of a published court of appeals opinion; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent. Given the absence of precedent, Wisconsin Supreme Court may be out on a limb (or, rather, a pole) on this one. Apparently, while in prison, Matthew […]
U.S. Supreme Court reaffirms use of “categorical approach” in Armed Career Criminal Act cases
Matthew Robert Descamps v. United States, USSC No. 11-9540, 6/20/13 United States Supreme Court decision, reversing United States v. Descamps, No. 08-30013 (9th Cir. Jan. 10, 2012) (unpublished) The Armed Career Criminal Act (ACCA or Act), 18 U. S. C. §924(e), increases the sentences of certain federal defendants who have three prior convictions “for a […]
State v. Cherry, 2012AP1137-CR; District 2, 6/19/13; (not recommended for publication); case activity Cherry was convicted of burglary and criminal damage to property, both as party to a crime. Here’s what happened: While investigating a residential burglary, officers saw two black men (Cherry and a companion) walking down a rural road near the scene of the crime. Their […]
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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.