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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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Ineffective assistance of counsel — failure to object to or present evidence. Sentencing — exercise of discretion
State v. Danny F. Anton, 2012AP1165-CR, District 2, 4/23/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel In a fact-specific discussion that precludes summary here, the court of appeals holds Anton’s trial attorney was not ineffective for: failing to object to testimony about telephone calls between Anton and a […]
Wisconsin Supreme Court denies defendant plea withdrawal though trial court misstated maximum sentence
State v. Gerald D. Taylor, 2013 WI 34, on review of court of appeals certification; case activity In a split decision, the supreme court holds that a defendant is not entitled to an evidentiary hearing under the long-established procedure established by State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), even though the […]
What are the implications of Taylor for practitioners?
State v. Taylor continues what the supreme court began in State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64: Dismantling by implication the well-established Bangert procedures and creating new ways for trial courts to avoid evidentiary hearings on plea withdrawal motions. Taylor’s motion clearly established enough to get an evidentiary hearing under Bangert. (¶75). So why didn’t […]
Warrantless search of home was not justified under community caretaker doctrine
State v. Dyllon A. Maddix, 2013 WI App 64; case activity The warrantless search of an apartment by police who responded to a domestic disturbance call was not justified under the community caretaker doctrine: ¶37 …. Under the facts of this case, after the officers validly exercised the community caretaker function by entering […]
State v. Darryl J. Badzinski, 2011AP2905-CR, petition for review granted, 4/18/13
Review of unpublished court of appeals decision; case activity Issue (composed by On Point) Did the circuit court’s answer to a question posed by the jury during deliberations allow the jury to base its verdict on speculation and conjecture? Because petitions for review are not available on the court’s website, the issue statement was composed based […]
US Supreme Court: Natural dissipation of alcohol does not establish a per se exigency sufficient by itself to justify a warrantless blood draw
Missouri v. McNeely, USSC No. 11-1425, 4/17/13 United States Supreme Court decision, affirming State v. McNeely, 358 S.W.3d 65 (Mo. 2012) In a decision that works a major change in Wisconsin law governing nonconsensual, warrantless blood draws in OWI cases, the U.S. Supreme Court holds the evanescent quality of alcohol in a suspect’s bloodstream does not in […]
Automobile exception to warrant requirement — probable cause to search for open intoxicants
State v. Kenneth F. Johnston, 2012AP2427-CR, District 3, 4/16/13; court of appeals decision (1-judge, ineligible for publication); case activity The search of Johnston’s car was supported by probable cause to believe there were open intoxicants in the car: ¶17 In this case, before [Officer] Wojcik searched the vehicle for open intoxicants, Wojcik smelled the odor of […]
OWI — the penalty language of § 346.65(2)(am)6. does not require the court to impose a bifurcated sentence
State v. Clayton W. Williams, 2013 WI App 74, petition for review granted 11/21/13; reversed, 2014 WI 64, 7/15/14; case activity Wisconsin Stat. § 346.65(2)(am)6. makes OWI 7th, 8th, or 9th a Class G felony, but also provides that “[t]he confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than […]
First Amendment — Speech — “True Threats.” Stalking and extortion — sufficiency of the evidence
State v. James D. Hills, 2012AP1901-CR, District 4, 4/11/13; court of appeals decision (not recommended for publication); case activity Hills sent letters and made at least one phone call to an assistant city attorney (ACA) who, he believed, had wrongfully prosecuted him under the city’s disorderly conduct ordinance. In those communications he berated the ACA (calling […]
Terry stop — reasonableness of length of detention. Arrest — probable cause. Newly discovered evidence. Ineffective assistance of counsel.
State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity Terry stop — reasonableness of length of detention; arrest –probable cause Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on […]
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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.