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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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Traffic Stop – Reasonable Suspicion
State v. Todd A. Schreiber, 2011AP1191-CR, District 1, 12/13/11 court of appeals decision (1-judge, not for publication); for Schreiber: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity Lane deviations provided reasonable suspicion for traffic stop. ¶9 In applying these standards, we agree with the circuit court that Grunwald had sufficient reasonable suspicion to stop Schreiber. Grunwald testified […]
CCW, § 941.23 – Facially Constitutional
State v. Tiffany Michelle Flowers, 2011AP1757-CR, District 1, 12/13/11 court of appeals decision (1-judge, not for publication); for Flowers: Daniel A. Necci; case activity Conviction for carrying a concealed weapon (gun in a purse, in a car), § 941.23, upheld against second amendment challenge to facial validity. Court rejects strict scrutiny test. (The statute was amended […]
Search Warrant – “Order”; Search Warrant – Return; Search Warrant – No-Knock Entry
State v. William A. Grantham, 2010AP2693-CR, District 3, 12/13/11 court of appeals decision (not recommended for publication); for Grantham: Peter C. Rotter; case activity Search warrant, for thermal imaging device use against residence, passes muster even if labeled “order.” ¶5 Grantham acknowledges that our supreme court has concluded, “An order meeting the parameters of a search […]
Habeas Review – Confrontation – Admissibility of Prior Testimony, Showing of Witness Unavailability
Hardy v. Irving L. Cross, USSC No. 11-74, 12/12/11, reversing Cross v. Hardy, 7th Cir No. 09-1666 The Seventh Circuit grant of habeas relief, on the ground “the state failed to demonstrate that it employed good faith efforts to locate the complainant” before declaring her “unavailable” and allowing her prior testimony to be read to […]
OWI Enhancer – Collateral Attack
State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court […]
TPR – Directed Verdict, Grounds – Abandonment
Dane Co. DHS v. Lee H., 2011AP1138, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Lee H.: Theresa J. Schmieder; case activity The trial court did not err in directing answers to special verdict questions with respect to two elements of grounds for terminating parental rights (existence of order containing TPR notice placing […]
Traffic Stop – Duration
State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11 court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug […]
State v. Lee Roy Cain, 2010AP1599, rev. granted 12/1/11
on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice Issues (composed by On Point): 1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept […]
State v. Gregory K. Nielsen, 2010AP387-CR, Sanction Order
Nielsen sanction after show cause (summary order, not citable), on remand from State v. Nielsen, 2011 WI 94 Sanction for Incomplete Brief Appendix The appellant’s brief argued that the circuit court failed to fulfill the mandate articulated in State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, to explain the rationale for […]
Reasonable Suspicion: Vehicle “Frisk”; Probable Cause: Plain View, Opaque Container
State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity Reasonable Suspicion – “Frisk,” of Vehicle Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which […]
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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.