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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.

State v. Nicolas Subdiaz-Osorio, 2010AP3016-CR, petition for review granted, 3/13/13

Review of per curiam court of appeals decision; case activity Issues (from the Petition for Review): 1. Without obtaining a warrant, police tracked Subdiaz-Osorio’s location through the signal transmitted from his cell phone. Did the trial court err in denying his motion to suppress this evidence? 2. Did the court of appeals in deciding that […]

State v. Erick O. Magett, 2010AP1639-CR, petition for review granted, 3/13/13

Review of unpublished court of appeals decision; case activity Issues (from the Petition for Review): 1.  Where a defendant has entered a plea of not guilty by reason of mental disease or defect, may a court summarily refuse to hold a jury trial on the defense if it determines that the defendant will not present […]

TPR – injunction terminating visitation during proceedings; withdrawal of admission to grounds

Racine County v. Kimberly M.K. and Jessie R.R., 2012AP1346, District 2, 2/21/13; court of appeals decision (1-judge, ineligible for publication); case activity TPR – injunction terminating visitation during proceedings An injunction prohibiting visitation is authorized in involuntary TPR proceedings if the prohibition is in the best interests of the child. Wis. Stat. § 48.42(1m)(c). Section 48.42 does […]

Plea withdrawal – information about collateral consequences; postconviction motion – failure to allege sufficient material facts

State v. Ryan L. Kohlhoff, 2012AP1144-CR, 2/14/13; court of appeals decision (1-judge, ineligible for publication); case activity Plea withdrawal – information about collateral consequences of plea Plea colloquy telling Kohlhoff that, if he pled no contest to a misdemeanor crime involving domestic violence, he would “lose [his] right to carry a firearm under federal law” […]

OWI — probable cause to arrest

State v. Amanda Kratochwill, 2012AP2076-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity Police  had probable cause to arrest Kratochwill for OWI where: Car was stopped for speeding (¶2); Upon  approaching the car the officer noted a strong smell of intoxicants and an open beer in the front passenger cup […]

Traffic stop – failure to stop for flashing red light

State v. Heather Tollefson, 2012AP1641-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity A police officer had probable cause to stop Tollefson for failing to fully stop for a flashing red traffic light. The officer saw a red vehicle approach an intersection with flashing red lights in each direction. (¶3). A gray […]

Traffic stop — probable cause to believe traffic law had been violated

City of Oshkosh v. Eric Carley, 2012AP2043, District 2, 2/13/13; court of appeals decision (1-judge; ineligible for publication); case activity Police officer had probable cause to stop Carley after he saw Carley drive in the left lane to go around a turning vehicle, but did so within several car lengths of oncoming traffic before moving back […]

Arrest and warrantless search of a home – no probable cause, exigent circumstances, community caretaker exception, or consent.

State v. Daniel Cervantes, 2011AP1858-CR, District 1, 2/12/13; court of appeals decision (not recommended for publication); case activity The police lacked probable cause to arrest Cervantes when he opened the door of his apartment (¶¶10-16); there were neither exigent circumstances nor community caretaker grounds for the police to enter Cervantes’s apartment following his arrest to do […]

Protective placement – sufficiency of evidence

Wood County v. Zebulon K., 2011AP2387, and Wood County v. Forest K., 2011AP2394, District 4, 2/7/13; court of appeals decision (1-judge, ineligible for publication); case activity: Zebulon K.; Forest K. The evidence was not sufficient to prove that Zebulon and Forest need to be protectively placed. Though Zebulon and Forest are developmentally disabled, the evidence does […]

Truancy — jurisdiction of court; judicial bias

City of Appleton v. Kylie M. Johnson, 2012AP1922, District 3, 2/12/13; court of appeals decision (1-judge, ineligible for publication); case activity Jurisdiction of court – defects in truancy citation Defects in an habitual truancy citation did not prevent court from obtaining personal jurisdiction over Johnson before it entered default judgment. She did not appear at […]

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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.