On Point

Review of per curiam court of appeals decision; case activity

Issue (from the Petition for Review):

Were Robinson’s state and federal constitutional rights against double jeopardy violated when, after imposing a sentence and remanding her to start serving the sentence forthwith, the circuit court recalled the case the next day and increased her sentence, not based on an error of law or a misstatement of fact?

On review of court of appeals certification; case activity: Pinno; Seaton

Issue (from certification):

Is the failure to object to the closure of a public trial to be analyzed upon appellate review under the “forfeiture standard” or the “waiver standard”?

See our previous post for further discussion.

Review of unpublished court of appeals decision; case activity

Issues (composed by On Point)

1. Whether the jury instructions on self defense as it pertained to second degree reckless homicide fairly and adequately explained the defense to the jury.

2. Whether trial court erroneously excluded evidence of the victim’s reputation for violence.

Petitions for review aren’t available on the court’s website, so issue-formulation is educated guesswork based on the decision of the court of appeals.

Review of unpublished court of appeals decision; case activity

Issues (composed by On Point)

1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2).

2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal protection because it provides for a jury of six in ch.

State v. James G. Brereton, 2013 WI 17, affirming 2011 WI App 127; case activity

Search and seizure of vehicle — attaching GPS tracking device

After lawfully stopping Brereton, the police removed him from his car, towed it to a lot, and, after obtaining a warrant, attached a GPS tracking device. The car was returned to Brereton, and ensuing monitoring led to information connecting him to a crime.

State v. Scott B. Bohlinger, 2013 WI App 39; case activity

Bohlinger made a prima facie showing that two prior OWI convictions were invalid because he did not knowingly and intelligently waive the right to counsel due to his limited cognitive capabilities. The circuit court concluded he had not made such a showing because he did not allege any deficiency in the colloquies addressing the waiver of counsel in the earlier cases.

State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity

Warrantless Entry – “community caretaker” exception

Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia needed assistance, distinguishing State v.

State v. Wyatt D. Henning, 2013 WI App 15; case activity

The crime of attempted possession of a firearm by a felon is recognized in Wisconsin, distinguishing State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998):

¶14      Turning to the particular language of the felon in possession of a firearm statute, and the case law further explaining the elements of that crime,

State v. Brian Avery, 2013 WI 13 (Wis. S. Ct. 1/30/13), reversing 2011 WI App 148; case activity

The supreme court affirms the trial court’s denial of Brian Avery’s Wis. Stat. § 974.06 motion for a new trial based on newly discovered evidence, concluding there isn’t a reasonable probability a jury would have a reasonable doubt about Avery’s guilt. The court also holds Avery was not entitled to a new trial in the interest of justice.

State v. Jacob Turner, 2013 WI App 23;  case activity

Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the court.

A summons for jury duty was sent to “John P.