On Point

on review of unpublished decision; case activity

Issues (composed by On Point) 

1. Whether the defendant made the requisite showing for in camera review of the complainant’s privileged therapy records.

2. Whether, given necessity for in camera review, the complainant’s refusal to authority release of the records mandates suppression of her testimony.

The implications for the administration of State v.

on review of published decision; case activity

Issue (composed by On Point) 

Whether a circuit court has inherent authority to order destruction of a presentence investigation report (albeit under “unique facts”), after sentencing and entry of judgment.

And as to those unique facts? The PSI at issue contained information about uncharged offenses that the trial court determined “would be prejudicial to Melton as he went through the …

on review of unpublished decision; case activity

Issues (composed by On Point) 

1. Whether the non-waivable nature of the defendant’s right to personal presence at voir dire, citing, § 971.04(1)(c); State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. App. 1999), extends to examination of a juror for possible dismissal following selection and swearing-in.

2. Whether the trial court properly dismissed two jurors,

on review of unpublished decision; case activity

Issue (composed by On Point) 

Whether Sahs’ statements to his probation agent, along with evidence derived from those statements, were suppressible under the “Evans-Thompson” rule, which holds that a probationer’s statements which are compelled by the terms of probation – provide information to an agent when requested or face revocation – are covered by use- and derivative-immunity.

Sahs,

State v. Joshua A. Prescott, 2012 WI App 136; case activity

Felon-in-possession, § 941.29, was properly joined for trial with reckless injury by use of dangerous weapon:

¶17      Based on our review of the record, we agree with the trial court that the charges were properly joined. The felon in possession and reckless injury charges were “based on the same act or transaction.” See Wis.

State v. Thomas E. Schmidt, 2012 WI App 137 (recommended for publication); case activity

After performing an HGN test, which exhibited 6 out of 6 indicia of impairment, Schmidt was arrested for OWI. At the ensuing trial, he asserted diabetes as a possible cause for the HGN result. The trial court ordered, as a condition of his testifying to this effect, that he submit to an HGN test outside the presence of the jury.

Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12

court of appeals decision (1-judge, ineligible for publication); case activity

Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19. Grounds for OWI arrest nonetheless existed:

¶20      However,

court of appeals certification review granted 1/15/13; case activity

Issues Certified:

1. In Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010), the United States Supreme Court held that, even if a defendant has invoked his or her right to counsel, law enforcement may give the Miranda[2] warnings again so long as the defendant has been released from custody for at least fourteen days.  

Question Presented:

The U.S. Sentencing Guidelines Manual directs a court to “use the Guidelines Manual in effect on the date that the defendant is sentenced” unless “the court determines that use of the Guidelines Manual in effect on the date that the defendant is sentenced would violate the Ex Post Facto Clause of the United States Constitution.” Eight courts of appeals have held that the Ex Post Facto Clause is violated where retroactive application of the Sentencing Guidelines creates a significant risk of a higher sentence.

Question Presented (from cert petition):

Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes?

Docket

Lower court opinion (King v. State, 425 Md. 550, 42 A.3d 549 (2012))

Scotusblog page

Under Maryland law, DNA Collection Act, Md. Code Ann., Pub. Safety §2-504,