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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.
Newly Discovered Evidence – Recantation
State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12
court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003)
Moore seeks relief on the basis of newly discovered evidence in the form of a purported recantation of State witness James Gilliam’s trial testimony.
State v. Dimitrius Anagnos, 2011 WI App 118, rev. granted 1/25/12
on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post
Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest
Issues (composed by On Point):
1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b).
2. Whether the officer had reasonable suspicion to stop Anagnos’
State v. Dennis D. Lemoine, 2010AP2597-CR, rev. granted 1/25/12
on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity
Involuntary Statement – Coercion
Issue (composed by On Point):
Whether Lemoine’s in-custody statement was involuntary given the following police tactics:
- promising that in exchange for the “true story” he would not go to jail that night;
- telling him that he would not be able to contact an attorney while at the jail;
CCW, § 941.23 (Pre-Act 35 Amendment) – Facially Constitutional
State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12
court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity
The court rejects challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35. Little was convicted under the prior version,
Court of Appeals Publication Orders, 1/12
court of appeals publication orders, 1/25/12
On Point posts from this list:
2012 WI App 2 State v. Anthony L. Prineas
2012 WI App 6 State v. Kenneth M. Sobczak
2012 WI App 7 State v. Damon Keith Sutton
2012 WI App 8 State v. Anthony D. Guard
2012 WI App 10 State v.
Mental Health Commitment – Sufficiency of Evidence
Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12
court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity
Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, coupled with a diagnosis of paranoid schizophrenia, held sufficient to support ch. 51 commitment.
¶6 Wisconsin Stat.
Guilty Plea Colloquy: “Hampton” Advisal – No Manifest Injustice
State v. James Lee Johnson, 2012 WI App 21 (recommended for publication); for Johnson: Melinda A. Swartz, SPD, Milwaukee Appellate; case activity
The guilty plea colloquy was defective, in that it failed to advise Johnson that the trial court wasn’t obliged to follow the terms of the plea bargain (here: to dismiss and read-in a count), contrary to State v. Hampton,
Ineffective Assistance – Photo Array; Ineffective Assistance – Generally; Ineffective Assistance – Postconviction Counsel, Generally
State v. Kwesi B. Amonoo, 2011AP566, District 1, 1/24/12
court of appeals decision (not recommended for publication); for Amonoo: Robert N. Meyeroff; case activity
Amonoo fails to show that trial counsel provided ineffective assistance with respect to pretrial identification procedure (context: “sufficient reason” to overcome serial litigation bar following direct appeal):
¶15 Amonoo contends that of all the persons pictured in the photo array, he was the only one wearing a jacket.
Delinquency Sanctions: Municipal Truancy – Electronic Monitoring; Judicial Bias / (Juvenile) Disqualification: Judge’s Initiation of Sanctions Works Disqualifier
State v. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity; for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity
Delinquency – Sanctions – Municipal Truancy
After finding the juveniles in violation of first-offense truancy under the local municipal code, the trial court set compliance conditions. The court did not,
Search – GPS Tracking Device
U.S. v. Antoine Jones, USSC No. 10-1259, 1/23/12, affirming United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), reh’g denied sub nom. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010); effectively overruling State v. Sveum, 2009 WI App 81, ¶8
The Fourth Amendment provides in relevant part that “[t]he right of the people to be secure in their persons,
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On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.