On Point

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 place the person in a group home because that placement does not change the nature of his treatment from “outpatient”

State v. Larry D. Wright, 2012AP1175-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity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 to write two letters recanting her allegations. (She testified at trial the recantations were untrue). 

State v. Edward Devon Smart, 2012AP1178-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity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 his plea:

¶7        Smart argues that Rushing’s testimony is new because he did not know Rushing would testify that he forced Smart to rob the victims.  

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 of confinement is structural error or subject to the application of harmless error analysis…. 

County of Fond Du Lac v. Nathan M. Kohlwey, 2013AP101-FT, District 2, May 1, 2013; (not recommended for publication); case activity.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 fallen asleep in a truck at a stop sign, sheriff’s deputies stopped a different car,

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 charged crime violated Wis. Stats.  § 971.08(1)(a)’s requirement that she be informed of the “nature of the charge.”  

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.

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 to fund indigent defense should count against the state in analyzing the defendant’s Sixth Amendment speedy trial claim under Barker v.

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 “contributed to” death by “mixed drug intoxication,” but was not the sole cause of death of a person.

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” that requires deportation if the conviction fails to establish the offense involved either remuneration or more than a “small amount”