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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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Plea withdrawal — newly discovered evidence
State v. Edward Devon Smart, 2012AP1178-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity Smart is not entitled to plea withdrawal based on co-actor’s testimony that he coerced Smart to commit the crime because the coercion evidence could have been presented using other witnesses known to defendant before he entered […]
Wisconsin Supreme Court: Sentencing based on inaccurate information is not structural error, but mistake about mandatory minimum penalty in this case was not harmless
State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity ¶9 The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period […]
Court finds reasonable suspicion for traffic stop and standing to challenge it
County of Fond Du Lac v. Nathan M. Kohlwey, 2013AP101-FT, District 2, May 1, 2013; (not recommended for publication); case activity. This appeal may take the prize for the skimpiest briefs–the appellant’s is 6 pages and the respondent’s is 3. This post is even shorter. After receiving a 911 call about a driver who had […]
Courts needn’t specify whether defendant is charged with a felony or a misdemeanor when accepting a guilty plea
State v. Nely B. Robles, 2013 WI App 76; case activity. Issue: When accepting a guilty plea is the circuit court required to specify whether the defendant is pleading to a felony or a misdemeanor? Robles sought to withdraw her guilty plea on the grounds that the circuit court’s failure to specify the designation of the […]
Court must decide at the time of sentencing whether a conviction may be expunged under § 973.015(1)(a)
State v. Andrew J. Matasek, 2013 WI App 63, petition for review granted, affirmed, 2014 WI 27; case activity The plain language of § 973.015 requires the circuit court to decide at the time of sentencing whether the defendant’s conviction can be expunged on successful completion of the sentence: ¶9 Matasek is correct that Wis. Stat. § 973.015(1)(a) grants a court discretion […]
US Supreme Court dismisses case alleging a speedy trial violation based on delay due to state’s failure to fund indigent defense
Jonathan Edward Boyer v. Louisiana, USSC 11-9953, 4/29/13 United States Supreme Court order and opinions, dismissing, as improvidently granted, the writ of certiorari to review State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011). As explained in our post on the grant of certiorari, the issue was whether and how the state’s failure […]
Marcus A. Burrage v. United States, USSC 12-7515, cert granted 4/29/13
Questions Presented: 1. Whether the crime of distribution of drugs causing death under 21 U.S.C. § 841 is a strict liability crime, without a foreseeability or proximate cause requirement. 2. Whether a person can be convicted for distribution of heroin causing death utilizing jury instructions which allow a conviction when the heroin that was distributed […]
US Supreme Court rules that not every state marijuana trafficking conviction subjects a noncitizen to automatic deportation
Adrian Moncrieffe v. Eric Holder, Attorney General, USSC 11-702, 4/23/13 United States Supreme Court decision, reversing Moncrieffe v. Holder, 662 F.3d 387 (5th Cir. 2011) In an important case for noncitizens charged with marijuana delivery or distribution offenses, the Supreme Court holds that a conviction for marijuana distribution under state law is not an “aggravated felony” […]
Traffic stop — OWI — probable cause to request PBT
Fond du Lac County v. Ian A. Niquette, 2012AP2708, District 2, 4/24/13; court of appeals decision (1-judge, ineligible for publication); case activity Police had probable cause to have Niquette do a PBT despite his good performance on the field sobriety tests, applying State v. Felton, 2012 WI App 114, ¶10, 344 Wis. 2d 483, 824 […]
Reasonable suspicion to extend traffic stop to investigate OWI
City of Oshkosh v. Ernest D. Lehl, 2012AP2717, District 2, 4/24/13; court of appeals decision (1-judge, ineligible for publication); case activity Police had reasonable suspicion to extend a traffic stop and request Lehl to perform field sobriety tests because there were specific and articulable facts which, taken together with rational inferences from those facts, reasonably […]
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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.