On Point

State v. Edward C. Lefler, 2013 WI App 22; case activity Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving: ¶11      …  “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its […]

State v. Adam W. Gilmour, 2011AP878-CR, District 2, 6/20/12 court of appeals decision (not recommended for publication); case activity The trial court’s rejection, as lacking credibility, Gilmour’s claim that his acceptance of a deferred prosecution agreement was coerced by financial considerations (in that he had been unable to afford the costs associated with jury trial) is […]

As the legislature is still in the process of winding up for session, there is currently more anticipation than legislation.  Only a few bills affecting the criminal justice system have been discussed at this point.  Probably most notable is a proposal that would criminalize most, if not all, first offense operating while intoxicated penalties.  Aside […]

Henderson v. United States, USSC No. 11-9307, reversing 646 F.3d 223 (5th Cir. 2011) When is plain really plain? That’s the plain and simple issue in this case.  During trial, the district court decided a substantive legal question against the defendant.  But while the case was on direct appeal, SCOTUS, in a separate case, settled […]

Chaidez v. United States, USSC No. 11-820, affirming 655 F.3d 684 (7th Cir. 2011) Issue:  We know that Padilla v. Kentucky, 559 U.S. 356 (2010) requires counsel to advise a defendant about the risk of deportation arising from a guilty plea.  The question presented by Chaidez is whether or not that rule applies retroactively so […]

On review of published decision; case activity Confrontation — bases of expert opinion as “testimonial” hearsay Issue (Composed by On Point) When a State Crime Lab technician concludes there is a DNA match between defendant and assailant based in part on a report of a DNA profile prepared by an outside lab, is the outside lab […]

On review of certification request; case activity Invocation of the right to counsel Issues (Composed by On Point) 1. Does the Wisconsin Constitution provide more protection than Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010) (holding that, even if a defendant has invoked his or her right to counsel, law enforcement may give […]

Racine County v. Latanya D.K., 2013 WI App 28; case activity TPR – Waiver of jury trial need not be part of admission colloquy ¶2        Latanya’s major arguments raise an important question:  Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s […]

Question presented: Whether or under what circumstances the Fifth Amendment’s Self-Incrimination Clause protects a defendant’s refusal to answer law enforcement questioning before he has been arrested or read his Miranda rights. Lower court opinion (Salinas v. State, 369 S.W.3d 176 (Tex. Crim. App. 2012)) Docket Scotusblog page This case could have a significant impact on […]

Question presented: 1. Whether the court of appeals erred in conducting its constitutional analysis on the premise that respondent was not under a federal registration obligation until SORNA was enacted, when pre-SORNA federal law obligated him to register as a sex offender. 2. Whether the court of appeals erred in holding that Congress lacks the Article I […]