On Point

on review of petition for supervisory writ; for SPD: Joseph N. Ehmann, Kathleen A. Pakes; case activity

Postconviction Reference to PSI 

Issue (Composed by On Point): 

Whether, before litigating a presentence report-related sentencing issue, postconviction counsel must obtain circuit court permission to “access, discuss, cite to, and quote from a PSI report.”

Fall-out from State v. Parent, 2006 WI 132,

on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity

Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment 

Issues (Composed by On Point): 

1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1).

2.

on review of published decision; for Novy: Bridget E. Boyle; case activity

Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror 

Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues: 

1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating discovery rules is thereby rendered inadmissible at all stages,

on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity

Third-Party Consent 

Issues (Composed by On Point): 

Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop.

A mere guest ordinarily may not consent to a search of the home,

State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity

Appellate Procedure – Waiver – Jury Instructions 

Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context of ineffective assistance of counsel. Nonetheless, failure to object to a “material variance”

State v. Daniel Lee Rueden, Jr., 2011AP001034-CR, District 4, 6/7/12

court of appeals decision (not recommended for publication); for Rueden: Eileen A. Hirsch, Kaitlin A. Lamb, SPD; case activity

Felon-in-possession, § 941.29, is not unconstitutional either facially or as applied in this instance; State v. Pocian, 2012 WI App 58, deemed controlling.

¶6        We need not discuss the specifics of Rueden’s facial and as-applied challenges because,

State v. Alexander Velazquez-Perez, 2010AP001128-CR, District 1/4, 6/7/12

court of appeals decision (not recommended for publication); for Velazquez-Perez: David Leeper; case activity

The court of appeals has authority to extend the deadline for filing a postconviction motion; Velazquez-Perez filed his motion within the deadline as extended by the court of appeals, and jurisdiction attached over appeal of the subsequent denial:

¶19      We conclude we have jurisdiction over the plea withdrawal court’s May 2,

MaryBeth Lipp v. Outagamie County Dept. of Health and Human Services, 2011AP152, District 3, 6/5/12

court of appeals decision (not recommended for publication); case activity

Failure to decide a guardianship petition within the statutorily mandated 90 days of filing (§ 54.44(1)) caused the trial court to lose competency to proceed. Lack of objection didn’t waive the issue, ¶¶11-12, citing Village of Trempealeau v. Mikrut,

State v. Wayne P. Harris, 2012 wI App 79(recommended for publication); for Harris:  Attorney Gary Grass; case activity

We know that “[a] defendant has a due process right to be sentenced based on accurate information.”  See State v. Tiepelman, 2006 WI 66, ¶9, 291 Wis. 2d 179, 717 N.W.2d 1  But what happens when the sentencing court relies upon a DOC-prepared revocation summary that is “technically true but misleading” or that is “written in a way that that invite[s] the court to draw negative inferences”? 

Question Presented (from cert petition):

Whether, pursuant to Michigan v. Summers, 452 U.S. 692 (1981), police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.

Docket

Lower court decision (652 F.3d 197 2nd Cir 2011)

Scotusblog page

Police getting ready to execute a search warrant saw Bailey leave the residence,