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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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U.S. Supreme Court holds that a fact that increases the minimum mandatory sentence for a crime must be submitted to the jury
Allen Ryan Alleyne v. United States, USSC No. 11-9335, 6/17/13 United States Supreme Court decision, vacating and remanding United States v. Alleyne, No. 11-4208 (4th Cir. Dec. 15, 2011) Since Apprendi v. New Jersey, 530 U.S. 466 (2000), a defendant has had the right to demand the jury find beyond a reasonable doubt any fact […]
State v. Bobby Tate, 2012AP336-CR, petition for review granted 6/12/13
Review of unpublished court of appeals decision; case activity Issue (from the Petition for Review) Should this Court accept review to examine when law enforcement can electronically track a cell phone in order to locate the phone’s user? More specifically, should this Court review a) whether obtaining a cell phone’s location constitutes a “search” within […]
State ex rel. Ardonis Greer v. David H. Schwarz, 2011AP2188, petition for review granted 6/12/13
Review of published court of appeals decision; case activity Issues (composed by On Point): If the Department of Corrections erroneously issues a probationer a discharge certificate under 973.o9(5) before the probationary term expired, but later discovers the error and proceeds to revoke the probationer, did the Department lose jurisdiction over the probationer? If the Department […]
State v. Brandon H. Bentdahl, 2012AP1426, petition for review granted, 6/13/13
Review of unpublished court of appeals decision; case activity Issue (composed by On Point) Does a circuit court have discretion to dismiss a refusal proceeding after the prosecution of the underlying OWI charge results in an acquittal? This case is of obvious interest to OWI practitioners, even if its facts are unusual and, thus, not […]
U.S. Supreme Court: Federal judge’s participation in plea discussions is subject to prejudice determination
United States. v. Anthony Davila, USSC No. 12-167, 6/13/13 United States Supreme Court decision, reversing United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam) Rule 11(c)(1) of the Federal Rules of Criminal Procedure provides that parties may discuss and reach a plea agreement, but that the court “must not participate in these discussions.” In […]
TPR — failure to assume parental responsibility; sufficiency of the evidence
Patrick J.T. v. Shelly S., 2013AP778 and 2013AP779, District 4, 6/13/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP778; 2013AP779 Under the totality-of-the-circumstances standard for determining whether a parent has assumed parental responsibility, Tammy W-G. v. Jacob T., 2011 WI 30, ¶22, 333 Wis. 2d 273, 797 N.W.2d 854, the evidence was […]
The remains of the term . . .
We are fast approaching the end of the 2012-2013 term for SCOW and SCOTUS. If you are wondering which defense-related cases and issues have yet to be decided, see On Point’s list below. Remember, SCOW typically releases its last decision in mid to late July. The calendar to your right will show release dates as soon […]
Plea bargain breach by prosecutor — negative allocution
State v. Aaron L. Wood, 2013 WI App 88; case activity The state did not breach the plea agreement where the prosecutor, after making the agreed-upon recommendation, expressed alarm and concern at what he discovered in the PSI after the plea agreement was made and referred in his sentencing argument to the negative portions of the […]
Substitution of judge — § 971.20(4),(5); reassignment of original judge does not make the judge “new” for substitution purposes. Admission of evidence — limiting the playing of audio recordings. Armed robbery, § 943.32 — sufficiency of the evidence.
State v. Keith M. Bohannon, 2013 WI App 87; case activity Substitution of judge; “new” judge under § 971.20(5) When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new” […]
Sex offender registration — court’s consideration of dismissed charges as part of exercise of discretion
State v. Christopher James Athas, 2012AP2151-CR, District 1, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly considered previous sexual assault charges that had been dismissed when it was deciding whether to order Athas to register as a sex offender after his conviction for fourth degree sexual assault: ¶3 […]
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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.