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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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Guilty plea — factual basis; value of stolen property; breach of the plea agreement
State v. Lisa A. Brabazon, 2012AP1171-CR, District 4, 3/28/13; court of appeals decision (not recommended for publication); case activity Guilty plea — factual basis; value of stolen property The victim’s statements as to the value of the stolen property (which were set forth in the complaint) provided a sufficient factual basis for concluding that the […]
Self-incrimination — waiver of right to exclude immunized testimony and evidence; no need for personal colloquy with defendant; ineffective assistance of counsel
State v. Mark J. Libecki, 2013 WI App 49; case activity Self-incrimination — waiver of right to exclude immunized testimony and evidence; no need for personal colloquy In this case the court of appeals holds that when a defendant waives the right to exclude at trial immunized testimony or evidence derived from that testimony, the circuit […]
Probation – increase in length of term based on crime being an act of domestic abuse; notice of potential increase; factual basis for finding the act constituted domestic abuse
State v. John R. Edwards, 2013 WI App 51; case activity The longer period of probation applicable to a misdemeanor act of domestic abuse under Wis. Stat. § 973.09(2)(a)1.b. may be ordered even though the charging documents did not allege the crime was an act of domestic abuse. Edwards was charged with substantial battery, strangulation […]
Traffic stop – reasonable suspicion based on speed
State v. Marvin L. Dillman, 2012AP865-CR, District 2, 3/27/13; court of appeals decision (1-judge, ineligible for publication); case activity Police officer had reasonable suspicion to stop truck which she first saw “sideways” on the road and then observed accelerate quickly toward the curb before correcting itself and speeding away so quickly it required her to […]
The Plotkin Analysis: legislation introduced re penalties for OWI, searching persons on ES, probation or parole, and the definition of “intoxicant”
Aside from the budget, the legislature has been busy drafting and introducing new legislation. Here are just a few examples of bills that have been introduced so far this session. Senate Bill 40 – essentially grants the powers of probation and parole agents to search the person and home of individuals on extended supervision, […]
US Supreme Court: Taking drug-sniffing dog onto porch is a search
Florida v. Jardines, USSC No. 11-564, 3/26/13 United States Supreme Court decision, affirming Jardines v. State, 73 So. 3d 34 (2011) In this 5-to-4 decision, the Supreme Court holds that using a drug-sniffing dog on a homeowner’s front porch to investigate the contents of the home is a “search” within the meaning of the Fourth Amendment. […]
Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of limitations; denial of right to self-representation or to substitution of counsel
State v. Rodney Washington, 2012AP1015-CR, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of limitations The crimes in this case—sexual assault and robbery—were alleged to have occurred in 1994 and 1995. […]
Postconviction motion under § 974.06 – denial of hearing where record conclusively shows no basis for relief
State v. Romey J. Hodges, 2012AP1330, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied Hodges’s § 974.06 motion alleging that trial counsel was ineffective for failing to investigate, and properly advise Hodges regarding, a self defense claim. Based on the record Hodges has not shown […]
Kaley v. United States, USSC 12-464, cert granted 3/18/13
Question presented: When a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, do the Fifth and Sixth Amendments require a pretrial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges? Lower court decision: United States v. Kaley, […]
Search of home — apparent authority to consent; scope of consent; plain view
State v. Royce Markel Wheeler, 2013 WI App 53; case activity Police went to a duplex in response to domestic abuse complaint from what they believed was the lower unit, with the caller saying she had been assaulted and was bleeding. (¶¶2, 4-6). After officers spent some 20 minutes knocking on the duplex’s common front […]
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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.