Explore in-depth analysis
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.
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court of appeals decision (not recommended for publication); for Clayton-Jones: Martin E. Kohler, Craig S. Powell; case activity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, he allegedly violated bond conditions, and the state sought to be relieved of its bargained-for allocution limit.
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 is available on-line. The briefs filed in the court of appeals indicate that Miller’s car was stopped after the police received information that he was transporting drugs.
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on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity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 preliminary hearing. Frey ended up pleading no contest to assaulting one,
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State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206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 admissible as prior inconsistent statements,
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,
“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 testing revealed him to be intoxicated and he was convicted of OWI.
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 officer followed it for a mile without himself observing any traffic violations.
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 for DC when an officer fished a gun out of his car.
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 that he had five years of experience patrolling roads,
Important Posts
Ahead in SCOW
Sign up
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.