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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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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State v. Rodney Washington, 2012AP1015-CR, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of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State v. Romey J. Hodges, 2012AP1330, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied Hodges’s § 974.06 motion alleging that trial counsel was ineffective for failing to investigate, and properly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 […]
Miranda violation — interrogation by police; sentencing — erroneous exercise of discretion
State v. Antoine Leshawn Douglas, 2013 WI App 52; case activity Miranda violation — interrogation by police After a lawful arrest, but before being given Miranda warnings, Douglas initiated a conversation with the arresting officer in which he stated he wanted “to work” for the police by offering information about some marijuana dealers. After the […]
South Milwaukee ordinance restricting residency of sex offenders upheld against ex post facto and double jeopardy challenges
City of South Milwaukee v. Todd J. Kester, 2013 WI App 50; case activity Sex offender residency restrictions – constitutionality; ex post facto and double jeopardy South Milwaukee’s ordinance prohibiting persons convicted of certain child sex offenses from living within 1,000 feet of a school or other facility frequented by children does not violate the […]
Traffic stop – reasonable suspicion to conduct stop based on anonymous tip
State v. Bryant A. Preinfalk, 2012AP2060-CR, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication); case activity The stop of Preinfalk’s car was lawful because in light of observations made by the officer, the anonymous tip provided reasonable suspicion to conclude the car was occupied by persons who had been involved in a fight […]
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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.