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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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TPR — consent to termination; voluntariness
Florence County DHS v. Jennifer B., 2012AP2314, 2012AP2315, and 2012AP2316, District 3, 4/9/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2012AP2314; 2012AP2315; 2012AP2316 Jennifer’s consent to terminate her parental rights to her older children was knowing and voluntary despite the fact she received “advice” from numerous people that consenting to termination for […]
Jury instruction — erroneously instructing jury that defendant in forfeiture case is presumed innocent
City of West Allis v. Robert C. Braun, 2012AP1199, District 1, 4/9/13; court of appeals decision (1-judge, ineligible for publication); case activity The trial court erroneously instructed the jury in a municipal forfeiture case that the defendant was presumed innocent, and the City is therefore entitled to a new trial: ¶12 Here, the circuit court seemed […]
Wisconsin Supreme Court rejects argument that Miranda protections apply when custody is “imminent”
State v. Matthew A. Lonkoski, 2013 WI 30, affirming unpublished court of appeals decision; case activity About 30 minutes into being questioned by police about the death of his daughter, Matthew Lonkoski said he wanted a lawyer. (¶12). Under Edwards v. Arizona, 451 U.S. 477 (1981), the invocation of the right to counsel would mean the police […]
Wisconsin Supreme Court holds counsel in merit appeal may refer to PSI without asking permission from any court
In the Matter of State v. Michael Buchanan: State ex rel. Office of State Public Defender v. Wis. Court of Appeals, District IV, 2013 WI 31, on review of petition for supervisory writ; case activity In an important decision for all lawyers who handle criminal cases in the state appellate courts, the supreme court affirms […]
Rape Shield Law — prior sexual activity between defendant and complainant; relevance to fact in issue; probative value outweighing prejudice
State v. Muhammad Sarfraz, 2013 WI App 57, petition for review granted 9/17/13; case activity The circuit court erroneously excluded evidence of prior sexual activity between Sarfraz and I.N., the complainant. She alleged Sarfraz, wearing a mask and saying he was the landlord, knocked on the door of her apartment, came in when she opened […]
Automobile exception to warrant requirement — probable cause to search trunk based on evidence found in passenger compartment
State v. Andrew Alexander Jackson, Jr., 2013 WI App 66; case activity The circuit court erred in suppressing marijuana found in the trunk of Jackson’s car because there was probable cause to search the trunk based on the discovery of marijuana residue, $1,961 in cash, and a digital scale in the passenger compartment of the […]
New trial ordered due to erroneous evidentiary rulings that excluded school disciplinary records relevant to impeaching the complainant and admitted Haseltine-type evidence
State v. Gene A. Echols, 2013 WI App 58; case activity Echols is entitled to a new trial on charges of child sexual assault because the trial court erred in prohibiting evidence relating to the complainant’s motive to fabricate the assault and in admitting testimony from Echols’s employer that he only stutters when he is […]
Jury – selection – “Batson” claim; prosecutor’s failure to provide neutral explanation for striking Native American juror
State v. Karen Lynn Snow, 2012AP2323-CR, District 4, 4/4/13; court of appeals decision (1-judge, not eligible for publication); case activity Applying the three-part, burden shifting test for Batson claims, see State v. Lamon, 2003 WI 78, ¶28, 262 Wis. 2d 747, 664 N.W.2d 607, the court of appeals concludes the circuit court erred in rejecting […]
Arrest – police officer acting outside his jurisdiction under § 66.0313(2)
State v. Michael E. Zinke, 2012AP2087-CR, District 4, 4/4/13; court of appeals decision (1-judge, ineligible for publication); case activity The stop and arrest of Zinke by a police officer well outside his jurisdiction was proper under a mutual aid statute, § 66.0313(2), even though the officer was “miles away” from his jurisdiction and initiated contact […]
Miranda custody; “private safety” exception to Miranda
State v. Corey J. Uhlenberg, 2013 WI App 59; case activity Miranda custody Uhlenberg was in “custody” during an interview at the police department, so the circuit court should have suppressed the statements Uhlenberg made during the interrogation after he requested an attorney: ¶11 Throughout its arguments, the State emphasizes the fact that the detective repeatedly […]
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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.