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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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Reasonable Suspicion – Anonymous Call
State v. Joel R. Medrow, 2011AP2314, District 1, 5/15/12 court of appeals decision (1-judge, not for publication); for Medrow: Chad A. Kanning; case activity An anonymous call to the police reported that the caller had followed a possibly impaired driver who had turned parked in the front parking lot of the Cudahy Police Department; the report […]
TPR – IAC – Lack of Prejudice
Oneida County Department of Social Services v. Scott H, 2011AP2599, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Scott H.: Brian C. Findley; case activity; companion case: Oneida County Department of Social Services v. Amanda H., 2011AP2599 Notwithstanding trial counsel’s concession of no strategic reason for allowing the jury to view documents […]
TPR – Severance; IAC – Lack of Prejudice; Grounds: Failure to Assume Parental Responsibility – Constitutionality
Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599 TPR – Severance On joint trial for termination of parental rights, Scott’s disruptive […]
Haseltine “Vouching” Rule: Inapplicable to Pre-trial Interrogation; Closing Argument: Waiver of Objection (Prosecutor Terming Defendant Liar)
State v. Andre L. Miller, 2012 WI App 68 (recommended for publication); for Miller: Jeffrey J. Guerard; case activity Haseltine “Vouching” Rule The anti-vouching rule of State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984) (one witness may not comment on the credibility of another witness) isn’t applicable to a pre-trial interrogation during which […]
Charge Duplicity – Juror Unanimity
State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions: ¶17 To begin, we conclude that the amended information properly notified […]
State v. Demone Alexander, 2011AP394-CR, District 1, 5/8/12, WSC rev granted 11/14/12
court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Alexander: Hans P. Koesser; case activity Juror Selection / Dismissal – Right to Personal Presence A defendant has a non-waivable right to personal presence at voir dire, ¶6 (citing, § 971.04(1)(c); and, State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. […]
Rape Shield Law – Prior Untruthful Allegation
State v. Christopher Walter Hurns, 2011AP857-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Hurns: Rex Anderegg; case activity Hurns wasn’t entitled to adduce, as an exception to the rape shield law, evidence of the complainant’s prior untruthful allegation of sexual assault; § 972.11(2)(b), as informed by 3-part test of State v. DeSantis, […]
Postconviction DNA Testing, § 974.07; Sentencing – Harsh and Excessive Review
State v. Dwain M. Staten, 2011AP916-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Staten: Michael J. Steinle; case activity Postconviction DNA Testing, § 974.07 Postconviction testing at state expense requires, among other things, that the defendant show a reasonable probability he wouldn’t have been prosecuted or convicted with exculpatory test results. Staten, […]
Counsel – Challenge to Effectiveness – Machner Hearing
State v. William Martin, 2011AP2168, District 1, 5/8/12 court of appeals decision (not recommended for publication); pro se; case activity; prior history: unpublished decision (2007AP1293-CR) Because the record conclusively demonstrated that Martin wasn’t entitled to relief, State v. Love, 2005 WI 116, ¶26, 284 Wis. 2d 111, 700 N.W.2d 62, the circuit court properly denied […]
Dane Co. DHS v. Mable K., 2011AP825, petition for review granted, 5/3/12
on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity TPR – Final Order – Appellate Standing Issues (from Petition for Review): I. When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary […]
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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.