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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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Judge’s invocations of religious deity were “ill-advised,” but do not show he imposed sentence based on religious considerations
State v. Robert J. Betters, 2013 WI App 85; case activity When sentencing of Betters for child sexual assault, the judge stated that “every child is a gift from God,” and indicated Betters’s conduct toward the victims was “an abomination in the sight of God and in the sight of man, and … totally unacceptable.” […]
Lack of proof dooms claim that statement to probation agent was compelled by threat of revocation
State v. Gregory M. Sahs, 2013 WI 51, on review of unpublished court of appeals decision; case activity Sahs, on probation for child pornography, admitted to his probation agent that he again possessed child pornography. He was charged based on evidence seized as a result of his admission. He sought to suppress the evidence, claiming […]
U.S. Supreme Court again holds remaining silent is not enough to invoke the right to remain silent
Genovevo Salinas v. Texas, USSC No. 12-246, 6/17/13 United States Supreme Court decision, affirming Salinas v. State, 369 S.W.2d 176 (Tex. Crim. App. 2012) Consistent with the rule applied to a defendant’s silence after being informed of his Miranda rights, the Supreme Court holds that a suspect who is being questioned before he was arrested […]
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Review of unpublished court of appeals decision; case activity Issue (from the Petition for Review) Should this Court accept review to examine when law enforcement can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 […]
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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.