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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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in re: Childeric Maxy, 7th Cir No. 12-8003, 3/15/12
seventh circuit decision Habeas Procedure – Application for Successive Attack Application to extend the deadline for permission to file a second collateral attack, § 28 U.s.C. 2244(b), is premature: Now before the court are papers Maxy labels a motion, in which he informs us that he intends to file a second § 2244(b) application. Maxy […]
State v. Gerald D. Taylor, 2011AP1030-CR, rev. granted 3/15/12
court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issue (from Certification): Whether understating the potential penalty during a plea colloquy can properly be deemed harmless error, and if so, where in the analytical framework of Bangert such a determination should be made. The guilty plea court misinformed Taylor that the maximum […]
Open Records / Public Access to Court Records: Treatment Records, Generally – NGI Conditional Release Plan; Appellate Procedure: “Aggrieved Party” Right to Appeal
In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity Open Records / Public Access to Court Records – Treatment Records, Generally (Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release […]
Appellate Procedure: Traffic Forfeiture or Municipal Ordinance Appeal – Circuit Court Docket Entries Tantamount to Final Order
Village of McFarland v. Jennifer M. Zetzman, 2012 WI App 49 (recommended for publication); case activity Appeal to the court of appeals of a municipal ordinance or traffic forfeiture disposition may be based on the circuit court docket entries instead of a written final order, whether the case originated in municipal or circuit court: ¶2 In […]
Reasonable Suspicion – Traffic Stop, OWI
Village of DeForest v. Lynn J. Braun, 2011AP2116, District 4, 3/15/12 court of appeals decision (1-judge, not for publication); for Braun: Robert Nagel; case activity Stop for driving under the influence unsupported by reasonable suspicion: ¶11 I likewise conclude that there were insufficient facts before Officer Schaefer which could lead him to reasonably suspect that Braun was driving […]
Charging Document: Notice of Nature of Charge – Element of Force Omitted; Sentencing: Inaccurate Information – Misperceived Mandatory Minimum
State v. Lamont L. Travis, 2012 WI App 46 (recommended for publication), petition for review granted, 9/18/12; case activity For unsuccessfully trying to put his hand down his 10-year-old niece’s pants, Travis was charged with, and pleaded guilty to, attempted first-degree sexual assault of a child under age 12, §§ 939.32, 948.02(1)(d). However, that particular form […]
SVP (Ch. 980) Supervised Release: Challenge to Conditions, Ripeness – Validity, Condition Abide by Correctional Facility Rules
State v. Dennis R. Thiel, 2012 WI App 48 (recommended for publication); for Thiel: Jeffrey W. Jensen; case activity SVP (Ch. 980) Supervised Release – Challenge to Conditions: Ripeness Thiel’s challenge to 2 conditions of his supervised release from a ch. 980 commitment are ripe for review (the conditions relate to possible detention in a […]
Sentence Credit, § 973.155
State v. Daryl J. Teska, 2011AP1010-CR, District 2, 3/14/12 court of appeals decision (1-judge, not for publication); for Teska: John E. German; case activity Teska was originally placed on probation, sentences withheld, on 3 counts; jail time as a condition of probation was ordered as to 1 count. Probation was later revoked and although all […]
OWI – Operating on Public “Premises” – Frozen Lake
State v. Todd M. Anderson, 2011AP1499-CR, District 2, 3/14/12 court of appeals decision (1-judge, not for publication); for Anderson: pro se; case activity Frozen Lake Winnebago is a public “premises” within § 346.61, therefore supports prosecution for operating a vehicle on the lake while intoxicated. City of Kenosha v. Phillips, 142 Wis. 2d 549, 419 N.W.2d […]
Conspiracy to Commit Theft by Fraud, §§ 939.31, 943.20(1)(d): Value of Stolen Property:Sufficiency of Evidence; Sentencing: Accurate Information – Partial Acquittal
State v. Matthew R. Steffes, 2012 WI App 47 (recommended for publication), petition for review granted, 10/16/12; for Steffes: Jeffrey W. Jensen; case activity Conspiracy to Commit Theft by Fraud, §§ 939.31, 943.20(1)(d) – Sufficiency of Evidence Evidence held sufficient to sustain Steffes’ conviction for conspiracy to commit theft by fraud, based on his participation in […]
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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.