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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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Friday Night Links
From the academy: Deirdre D. Brown, “One Strike and You’re Out: Padilla Advisement About Public Housing Eligibility” (“Attorneys must begin to recognize that there already exist an ethical and moral duty to advise clients of the collateral consequence of the loss of public housing eligibility and that this duty to advise meets the Sixth Amendment […]
Prosecutorial Vindictiveness – New Charges; Application of “Read-in” Rule
State v. Charles A. Clayton-Jones, 2010AP2239-CR, District 4, 12/15/11 court of appeals decision (not recommended for publication); for Clayton-Jones: Martin E. Kohler, Craig S. Powell; case activity Clayton-Jones resolved a 2006 charge (involving sexual assault of a boy) with a plea bargain, in which the state was to recommend 12 years initial confinement. Before sentencing, […]
State v. Joseph C. Miller, 2010AP557-CR, rev. granted 12/13/11
on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity Terry Stop – Reasonable Suspicion Issue (composed by On Point): Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop. Neither the court of appeals summary order nor Miller’s petition for review […]
State v. Michael L. Frey, 2010AP2801-CR, rev. granted 12/14/11
on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity Sentencing Discretion – Reliance on Dismissed Charge Issue (composed by On Point): Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.” Frey was charged with sexually assaulting two girls. Both testified at the […]
Court of Appeals Publication Orders, 12/11
court of appeals publication orders, 12/14/11 On Point posts from this list: 2011 WI App 156 State v. Forrest Andre Saunders 2011 WI App 157 State v. Jamie L. Salonen 2011 WI App 163 Melissa M. Hines v. Daniel K. Resnick, M.D. 2011 WI App 164 State v. Michael T. Ziller
Evidence: Prior Inconsistent Statements- “State of Mind” Hearsay; Harmless Error / IAC-Prejudice
State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206 Evidence – Prior Inconsistent Statements Evidence of complainant KAC’s statements made during an alleged sexual assault were […]
State v. Scott E. Ziegler, 2010AP2514-CR, rev. granted 12/14/11
on certification by-pass of court of appeals; for Ziegler: Christopher William Rose; case activity; prior post Interfering with Custody, § 948.31(2) Issue (from Certification): In State v. Bowden, 2007 WI App 234, 306 Wis. 2d 393, 742 N.W.2d 332, we analyzed Wis. Stat. § 948.31(2), which deals with criminal charges for interference with custody of children. There, we stated that withholding custody of a child “addresses […]
“Knock-and-Talk” – Seizure
County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent […]
Reasonable Suspicion – Traffic Stop (OWI)
State v. Brian S. Wold, 2011AP1518-CR, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Wold: Patrick A. Dewane, Jr.; case activity Report from a named, citizen informant that a particular vehicle was “driving all over the roadway” was sufficiently reliable to support traffic stop for OWI, even though after spotting the vehicle, the […]
State v. Randy L. Martin, 2010AP505-CR, rev. granted 12/13/11
on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post Miranda – “Interrogation” Issue (composed by On Point): Whether an exchange between Martin and an officer was the functional equivalent of “interrogation” so as to require interrogation. The facts, very briefly, as taken from the court of appeals’ decision: Martin was under arrest […]
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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.