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.

TPR — Failure to assume parental responsibility: special verdict questions; instruction that lack of opportunity and ability is not a defense. Abandonment: Leave to amend petition

Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background: Dane County filed a TPR petition against John L.-B. in […]

State v. Michael R. Griep, 2009AP3073-CR, District 2, 5/15/13

Court of appeals certification; case activity Issue certified: Is an OWI defendant’s right to confront the witnesses against him violated when a supervisor of the state crime lab testifies that a lab report prepared and certified by another, but unavailable, lab analyst establishes the defendant’s illegal blood alcohol concentration?  Does it make a difference that the […]

Search and Seizure — Probable cause to administer PBT; admitting numeric PBT result at suppression hearing

Village of Muscoda v. Samuel R. Anderson, 2012AP2216, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity Police had probable cause to administer a PBT where: the officer noticed an odor of intoxicants emanating from Anderson or his vehicle; Anderson had bloodshot eyes and slightly slurred speech and admitted he had […]

Waiver of right to testify

State v. Leshurn Hunt, 2010AP2516, District 4, 5/16/13 (not recommended for publication); case activity Issue:  Was defendant’s decision not to testify at trial knowing, intelligent and voluntary on the grounds that; (a) the court conducted a defective colloquy; (b) the defendant was coerced to waive his right to testify; and (c) the defendant received ineffective […]

OWI – probable cause to administer PBT

State v. Travis M. Ranta, 2012AP1663, District 4 (1-judge, ineligible for publication); case activity Police were called to a campsite where the defendant admitted to drinking with underage individuals.  An hour later, another officer was called to the same site, where he observed the defendant behaving in a “belligerent, uncooperative [and] loud” manner.  A PBT […]

Misdemeanor probation period may not be increased under § 973.09(2)(b)2.

State v. Aaron S. Loos, 2012AP2154-CR, District 3, 5/14/13; court of appeals decision (1-judge, ineligible for publication); case activity Though Loos was convicted of one misdemeanor and one felony at the same time, the maximum one-year term of probation for the misdemeanor under § 973.09(2)(a)1r. could not be increased by one year under § 973.09(2)(b)2. That statute may be applied only […]

Ineffective assistance of counsel claim rejected; multiple alleged errors either not prejudicial or not deficient

State v. Ronell Howlett, 2012AP1672-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity Howlett, a school bus driver, was convicted of three counts of sexual assault of C.A., a nine-year-old child he was responsible for driving. (¶¶1-3, 7). Adopting significant portions of the trial court’s postconviction ruling, the court of […]

Sufficiency of the evidence. Plain error — leading questions, closing arguments, jury instructions.

State v. Brian L. Jackson, 2012AP1008-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity Sufficiency of the evidence In a necessarily fact-specific discussion (¶¶4-5, 10-12), the court of appeals holds there was sufficient evidence to support Jackson’s conviction for being a felon in possession of a firearm despite the existence […]

Frivolous Findings!

From The Huffington Post: Texas Judge’s Order Upholding ‘Bikini Tops For Strippers’ Law Is Completely Hilarious From ABA Journal: Judge jails lawyer and client over tardy arrival for jury selection (Practice pointer: don’t be late for court.) Partners ahoy! DLA Piper charters cruise ship for meeting (Is this is the silk stocking firm’s twist on […]

Court of Appeals Enforces Stipulation to Forgo Appeal in TPR Case; Denies Discretionary Reversal

Ronald J.R. v. Alexis L.A., 2013 WI App 79; case activity This is an appeal from a partial summary judgment decision finding grounds to terminate Alexis L.A.’s parental rights.  The father, Ronald J.R., sought termination on two grounds and won summary judgment on the first one.  The parties then stipulated that Ronald would withdraw the second […]

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.