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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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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State v. Leshurn Hunt, 2010AP2516, District 4, 5/16/13 (not recommended for publication); case activity Issue: Was defendant’s decision not to testify at trial knowing, intelligent and voluntary on the grounds that; (a) the court conducted a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State v. Ronell Howlett, 2012AP1672-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity Howlett, a school bus driver, was convicted of three counts of sexual assault of C.A., a nine-year-old child he was responsible for driving.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State v. Brian L. Jackson, 2012AP1008-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity Sufficiency of the evidence In a necessarily fact-specific discussion (¶¶4-5, 10-12), the court of appeals holds there was sufficient evidence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 […]
Multiplicity — conviction for inchoate crime of conspiracy and completed crime under § 939.72(2). Constitutional right to speedy trial. Prosecutorial misconduct — failing to disclose sentencing consideration for a state’s witness
State v. Michael Lock, 2013 WI App 80; case activity Multiplicity — conviction for conspiracy and for completed crime under § 939.72(2) Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes […]
Mental commitment under § 51.20 — authority to place a person committed to outpatient treatment in a group home
Polk County DHS v. Boe H., 2012AP2612, District 3, 5/7/13; court of appeals decision (1-judge, ineligible for publication); case activity While the circuit court lacked authority to specify that a person committed to outpatient treatment remain in a group home as a condition of the commitment order (¶14), the county department had the authority to […]
Jury instructions — discretion of trial court
State v. Larry D. Wright, 2012AP1175-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity The trial court did not erroneously exercise its discretion in instructing the jury by giving Wis. J.I.-Criminal 172 (evidence of defendant’s conduct showing consciousness of guilt), as it was supported by evidence that Wright bribed the complaining witness […]
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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.