On Point

State v. Antoine Lamont Massey, 2012AP1124-CR, District 1, 3/5/13; court of appeals decision (not recommended for publication); case activity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 91, 254 Wis. 2d 502, 648 N.W.2d 367,

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 other ways:

¶11      …. [The court’s] colloquy advised Schurk that with regard to certain aspects of the sentencing,

State v. Lee Yang, 2012AP1126-CR, Districts 1/4, 2/28/13; court of appeals decision (not recommended for publication); case activity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 Yang in jail. (¶7). Gomez had not been involved in the earlier interrogation, but he did help execute a search warrant at Yang’s home,

State v. Nicholas M. Gimino, 2012AP1498-CR, District II/IV, 3/7/13 (unpublished); case activity.

While this decision is not recommended for publication, it highlights a very touchy subject–when does conduct many parents engage in rise to the level of physical abuse of a child?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 ride on a motorized go-kart having no sides or roof.  

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 challenging his conviction because the State of Florida had denied him the right to counsel. 

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 proposed last session
• Attorneys move up to the next step on a newly-created seventeen step ladder
• Both ADAs and ASPDs received full funding,

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. § 971.23(1)(g). But after Novy testified, the court allowed the state to put the evidence in during its rebuttal case.

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 the evidence that came from the illegal search was harmless?

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 sufficient evidence to create a jury question?

2. Did the court of appeals err in holding any error harmless where we do not know precisely what Mr.

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 not define “best interests,” but case law establishes that there must be a showing of a risk of harm to the child before terminating parent-child visitation.