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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 — no visible front license plate
State v. Kevin O’Connor, 2012AP1638-CR, District 2, 1/23/12; court of appeals decision (1-judge, ineligible for publication); case activity Police lawfully stopped defendant because the vehicle he was driving did not have a visible front license plate. While there are exceptions to the statute requiring vehicles to display a front plate (Wis. Stat. § 341.15), the “great […]
Victim impact statement — consideration at sentencing
State v. Jack Minniecheske, 2012AP1133, District 3, 1/23/13; court of appeals decision (1-judge, not eligible for publication); case activity Because Wis. Stat. § 950.04(1v)(m) gives victims the right to provide statements at sentencing, the circuit court properly considered a victim impact statement despite defendant’s objection to it as “frivolous” and his claim the victim stole […]
Traffic stop – anonymous tip corroborated by officer’s observations
State v. Tamara Jo Potter, 2012AP1605-CR, District 3, 1/23/13; court of appeals decision (1-judge, ineligible for publication); case activity Police lawfully stopped the defendant based on information from an anonymous tip that was corroborated by the officer’s observations. Minnesota police told Douglas County dispatch that it had received a tip of a “swerving” car heading […]
Due process – destruction of evidence by the state
State v. Viliunas, 2012AP2284-CR, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity State’s destruction of video from police car’s dashboard camera did not violate OWI defendant’s due process rights. The defendant, who was found in the driver’s seat of a ditched car, claimed another person had been driving—although not until […]
TPR – grounds; continuing CHIPS, failure to assume parental responsibility instead of continuing parental disability
State v. Angie A., 2012AP2240, District 1, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity The state properly brought TPR petition alleging grounds under Wis. Stat. § 48.415(2) (continuing need of protection and services) and § 48.416(6) (failure to assume parental responsibility) instead of § 48.415(3) (continuing parental disability, a ground that […]
TPR — disposition; erroneous exercise of discretion
Pierce County v. Troy H., 2012AP2525 and 2012AP2526, District 3, 2/19/13; court of appeals decision (1-judge, ineligible for publication); case activity The circuit court termination decision was the result of an erroneous exercise of discretion because the court failed to consider the statutory factors: ¶8 Troy asserts the circuit court erroneously exercised its discretion because […]
Submission to squad car’s red-and-blue emergency lights is a “seizure”
State v. Brian A. Gottschalk, 2012AP2351, District III (not recommended for publication). Case activity. Wow! Two decisions overruling the denial suppression motions in one day. In this case, the State charged the defendant with OWI and operating with a PAC, both as second offenses. The defendant moved for suppression of evidence on the grounds that the […]
TPR — disposition; exercise of discretion
State v. La’Drea L., 2012AP1984 and State v. Ricky B., 2012AP2027, District 1, 2/20/13; consolidated court of appeals decision (1-judge, ineligible for publication); case activity: LaDrea L.; Ricky B. The circuit court properly exercised its discretion when it determined termination was in the children’s best interests because it considered all of the statutory factors under Wis. […]
Federal habeas court must presume the state court adjudicated the defendant’s claims on the merits
Johnson v. Williams, USSC No. 11-465, 2/20/13 United States Supreme Court decision, reversing and remanding Williams v. Cavazos, 646 F.3d 626 (9th Cir. 2011) When a defendant convicted in state court raises a federal claim and a state court rules against the defendant in an opinion that addresses some issues but does not expressly address […]
Double jeopardy bars retrial where judge directed verdict based on erroneous view that state failed to prove an element that was not really an element
Evans v. Michigan, USSC No. 11-1327, 2/20/13 United States Supreme Court decision, reversing People v. Evans, 491 Mich. 1, 810 N.W.2d 535 (2012) A trial judge entered a directed verdict of acquittal in favor of Evans after concluding the state had not provided sufficient evidence of a particular element of the offense. A state appellate […]
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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.