On Point

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 […]

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. § […]

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 […]

Review of unpublished court of appeals decision; case activity Issues (from the Petition for Review): 1.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 […]

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 […]

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” […]

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 […]

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 […]

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 […]

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 […]