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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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Parked driver was seized when officer approached and directed him to roll down his window
Grant County v. Daniel A. Vogt, 2012AP1812, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication), petition for review granted 10/15/13; case activity Where police officer pulled up behind parked car without activating his emergency lights, approached the car, rapped on the window, and directed the driver to roll the window down, the […]
Traffic stop — reasonable suspicion found based on weaving in lane, other factors
State v. Todd A. Laws, 2012AP1930-CR, District 2, 3/13/13; court of appeals decision (1-judge, ineligible for publication); case activity Stop of Laws’s vehicle was lawful because it was based on reasonable suspicion he was driving while intoxicated, contrasting State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634: ¶9 Each case stands on […]
Bond posted on dismissed case can be applied to a fine imposed on a conviction in another case
State v. Erwin D. Beckom, 2012AP159-CR and 2012AP160-CR, District 4, 3/7/14; court of appeals decision (1-judge, ineligible for publication); case activity The trial court properly applied bond posted in one case to a fine imposed in a different case even though the complaint in the case in which the bond was posted was dismissed: ¶9 […]
Apparent authority to consent to search; voluntariness of consent
State v. Antoine Lamont Massey, 2012AP1124-CR, District 1, 3/5/13; court of appeals decision (not recommended for publication); case activity A daughter of the leaseholder had both actual and apparent authority to consent to a search of the apartment, including the back bedroom in which drugs were found, applying, among other cases, State v. Tomlinson, 2002 WI […]
Plea withdrawal – adequacy of plea colloquy – failure to advise that court is not bound by plea negotiation; failure to inquire whether defendant coerced or pressured into plea
State v. Stephen Robert Felix Schurk, 2012AP1501-CR, District 1, 3/5/13; court of appeals decision (1 judge; ineligible for publication); case activity Schurk was not entitled to plea withdrawal even though the judge did not specifically inform Schurk that he was not bound by the parties’ plea agreement because the information was conveyed to Schurk in […]
Interrogation after invocation of right to counsel: functional equivalent of interrogation; suspect’s initiation of further interrogation
State v. Lee Yang, 2012AP1126-CR, Districts 1/4, 2/28/13; court of appeals decision (not recommended for publication); case activity Yang was being interrogated about the shooting death of his ex-wife’s boyfriend when he invoked his right to counsel. Interrogation ceased and he was taken to jail. (¶¶3, 5). Several hours later, Gomez, a homicide detective, visited […]
Evidence sufficent to show parent/child go-kart ride amounts to physical abuse of child; ditto as to parent’s decision to treat injuries at home rather than seek medical attention
State v. Nicholas M. Gimino, 2012AP1498-CR, District II/IV, 3/7/13 (unpublished); case activity. While this decision is not recommended for publication, it highlights a very touchy subject–when does conduct many parents engage in rise to the level of physical abuse of a child? The answer may surprise you. Here’s what happened. Gimino took his 2-year-old daughter for a […]
Gideon @ 50: The Right to Counsel and the “Noble Ideal” of Equal Justice
By MICHAEL TOBIN, Deputy State Public Defender The historic U.S. Supreme Court decision in Gideon v. Wainwright was a major step towards fairness and equality in our criminal justice system. This year’s 50th anniversary of the decision gives us reason to reflect on the effect of the decision. Clarence Earl Gideon filed a handwritten petition […]
The Plotkin Analysis: the Governor’s 2013-2015 biennial budget
On February 20, the Governor introduced his proposal for the 2013-2015 biennial budget. The items specific to the State Public Defender agency are a positive first step in the process. Here is a brief list of those major provisions: 1. Pay Progression for ASPDs The system is similar in structure to the bill that was […]
Evidence excluded from state’s case-in-chief because of discovery violation is admissible in rebuttal; “sleeping juror” issue resolved by lack of finding that juror was sleeping
State v. Brent T. Novy, 2013 WI 23, affirming 2012 WI App 10; case activity Evidence excluded from state’s case-in-chief because of discovery violation is admissible as rebuttal evidence The trial court excluded the state from presenting fingerprint evidence in its case-in-chief because the state failed to properly disclose the evidence under Wis. Stat. § […]
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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.