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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.

Defense win! COA says Payton rule prevents warrantless “Terry stop” inside home

State v. Gregory L. Cundy, 2023 WI App 41, District 4; case activity (including briefs)

A person called police and said they’d seen a particular vehicle back into a parked car at idle speed and then drive off. About 40 minutes later, an officer arrived at Cundy’s house, knowing that the suspect vehicle was registered to Cundy and finding it in the driveway. The officer knocked on the front door and eventually spoke with Cundy, who remained inside the threshold. At some point the officer declined to let Cundy end the conversation, and a bit later he ordered Cundy out, drove him in his squad to the accident scene, and had the witness identify him. The officer then returned Cundy to his home, where after some further discussion, he was arrested.

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COA overlooks procedural bar, State’s failure to file to a response brief; affirms based on well-settled plea withdrawal case law

State v. William J. Buffo, 2022AP1803-4-CR, District IV, 7/13/23, 1-judge decision ineligible for publication; case activity (briefs available)

In another messy pro se appeal, COA overlooks the State’s failure to file a response brief and affirms the circuit court’s “evidently correct” decision.

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Third Circuit holds that federal felon in possession statute is unconstitutional as applied to defendant with nonviolent felony

Range v. Attorney General, 69 F.4th 96 (3d Cir. 2023).

In a case highlighting the changed legal landscape for firearm regulation, an en banc panel of the Third Circuit Court of Appeals concludes that the federal government cannot ban a nonviolent felon from lawfully possessing a firearm.

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Circuit court properly ordered defendant to pay extradition costs

State v. Jonathon S. Geiger, 2022AP1270-CR, District III, 7/11/23, not recommended for publication; case activity (briefs available)

Geiger argues the circuit court erroneously ordered him to pay extradition costs in connection with a sentencing after revocation hearing. COA rejects his statutory construction arguments and affirms.

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Parent’s challenges to TPR order affirmed under deferential standard of review

State v. M.H., 2023AP732, District I, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)

M.H. raises two challenges to a circuit court order terminating her parental rights. Under an exceedingly deferential standard of review, both claims fail.

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COA affirms extension of involuntary mental commitment order, order for involuntary medication, entered in absentia based on its understanding of binding precedent

Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available)

In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent.

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COA affirms search; disregards “breadcrumb” theory

State v. Ashley Rae Baker, 2022AP1587-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs)

The Fourth Amendment protects against guilt by association by requiring probable cause to arrest or search to be specifically linked to the individual defendant. See State v. Riddle, 192 Wis. 2d 470, 478, 531 N.W.2d 408 (Ct. App. 1995) (citing United States v. Di Re, 332 U.S. 581, 593 (1948). That probable cause exists to arrest one vehicle occupant does not mean probable cause exists to arrest another.

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COA affirms TPR jury verdict based on harmless error analysis

C.T.L. v. M.L.K., 2023AP402, District III, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)

The court of appeals confronts two alleged errors stemming from M.L.K.’s TPR jury trial and affirms based on harmless error.

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SCOTUS to review whether the Second Amendment allows restrictions on gun ownership for domestic abusers

United States v. Zackey Rahimi, U.S.S.C. No. 22-915, cert. granted 6/30/23; Scotusblog page (containing links to briefs and commentary)

In a case with ramifications for Wisconsin law, SCOTUS has agreed to determine the extent of its recent decision in Bruen, which mandated a new form of historical analysis for firearm restrictions impinging on citizens’ 2nd Amendment right to possess guns for self-defense.

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Officer did not seize citizen by parking nose-to-nose and shining a spotlight into parked car

State v. Justin J. Kahle, 2022AP1555-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs)

In a case heavily reliant on SCOW’s decision in County of Grant v. Vogt, the court of appeals easily concludes that law enforcement did not seize an intoxicated motorist by virtue of shining a spotlight into that motorist’s parked truck.

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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.