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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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Habeas Review – Sufficiency of Evidence
Coleman v. Lorenzo Johnson, USSC No. 11-1053, 5/29/12 (per curiam), reversing 446 Fed. Appx. 531 (3rd Cir. 2011) We have made clear that Jackson claims face a high bar in federal habeas proceedings because they are subject to two layers of judicial deference. First, on direct appeal, “it is the responsibility of the jury—not the […]
The Plotkin Analysis: Daubert, earned release, castle doctrine, retail theft, access to juvenile records, hearsay at preliminary hearings
Now that the 2011-12 Legislative session has ended and all pending bills have been acted on by the Governor, I wanted to offer a brief list of the greatest hits in new legislation. 2011 Wisconsin Act 2 – Tort Reform Sections 33-38 of Act 2 apply the federal Daubert rules regarding expert witnesses. Act 2 […]
Double Jeopardy – Establishing Final Verdict
Alex Blueford v. Arkansas, USSC No. 10-1320, 5/24/12, affirming 2011 Ark. 8 Double Jeopardy doesn’t bar retrial on greater offenses, despite jury foreperson’s report of unanimous votes against those charges, after ensuing deadlock resulted in mistrial. Blueford’s primary submission is that he cannot be retried for capital and first-degree murder because the jury actually acquitted […]
Temporary Stop – Test for Seizure – Police Spotlight
State v. Susan C. Macho, 2011AP1841-CR, District 2, 5/23/12 court of appeals decision (1-judge, not for publication); for Macho: Leonard G. Adent; case activity ¶8 In this case, Edwards’ actions in pulling up behind Macho and shining his spotlight into her car did not amount to a “show of authority sufficient to effect a seizure.” Young, 294 […]
Plea Bargains: Breach by Defendant (Bail-Jumping, Fail Appear at Sentencing) – State No Longer Bound by Terms
State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance […]
Warrantless Blood Draw – Medical Basis for Objection
State v. James Ralph Whitwell, 2011AP1342-CR, District 3/4, 5/24/12 court of appeals decision (not recommended for publication); for Whitwell: Jefren E. Olsen, Chandra N. Harvey, SPD, Madison Appellate; case activity Whitwell challenges a warrantless blood draw, on related grounds: he objected at the time, informing officials that he suffered from a medical condition that made […]
Traffic Stop – Duration
State v. Mary Alice Gentry, 2012AP59-CR, District 4, 5/24/12 court of appeals decision (1-judge, not for publication); for Gentry: Chandra N. Harvey, SPD, Madison Appellate; case activity ¶6 A traffic stop is a seizure within the meaning of the Fourth Amendment to the United States Constitution, which provides protections against unreasonable search and seizure. State v. Malone, 2004 […]
TPR – Plea to Grounds
Dane Co. DHS v. Angela M. K., 2012AP579, District 4, 5/24/12 court of appeals decision (1-judge, not for publication); for Angela M.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity The court rejects Angela’s challenge to her termination-of-rights plea to grounds. She argued she didn’t fully understand the CHIPS element, namely that “there is a substantial […]
Medication Order, § 51.61(1)(g)4.b
Outagamie County v. Melanie L., 2012AP99, District 3, 5/22/12, WSC review granted 11/14/12 court of appeals decision (1-judge, not for publication), supreme court review granted 11/14/12; for Melanie M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to sustain involuntary medication order. ¶11 We reject Melanie’s argument that the expert needs to iterate […]
Juvenile Delinquency – Waiver Investigation: Ex Parte Prosecutorial Participation
State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity While the practice of allowing ex parte prosecutorial input at the final staffing of a juvenile waiver investigation can’t be recommended, it is nonetheless not impermissible as a matter of law. ¶4 We conclude that the circuit court did […]
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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.