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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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Postconviction Proceedings – Expiration of Deadline for Ruling; Ineffective Assistance of Counsel – Voir Dire – Juror Bias
State v. Edward Beck, 2010AP872-CR, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); pro se; case activity Circuit court is under no obligation to seek extension of the § 809.30(2) limitation period for its ruling on a postconviction motion. ¶6 Beck reads too much into the 2001 amendment to Wis. Stat. § 809.30(2)(i). The amendment simply added language […]
Probable Cause – Seat Belt Violation
State v. Steven C. Cushman, 2011AP957, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); for Cushman: John Smerlinksi; case activity Probable cause to believe Cushman wasn’t wearing seat belt supported stop of his vehicle. ¶8 Wisconsin Stat. § 347.48 (2m)(gm) mandates seat belt use when operating a motor vehicle equipped with seat belts.[3] In 2009, this […]
Search & Seizure – Liability for Crime in Response to Claimed Illegal Police Action
State v. Christopher A. Anderson, 2011AP124-CR, District 2, 10/19/11 court of appeals decision (1-judge, not for publication); for Anderson: Anthony J. Jurek; case activity ¶1 In this case, Christopher A. Anderson was arrested for disorderly conduct while at a hospital. He contends that because police had no probable cause to take him from his home and bring […]
Court of Appeals Publication Orders, 10/11
court of appeals publication orders, 10/19/11 On Point posts from this list: 2011 WI App 142 State v. James T. Kettner
Sentencing Discretion: DNA Surcharge
State v. Scott R. Long, 2011 WI App 146 (recommended for publication); for Long: Jeff T. Wilson; case activity DNA surcharge, conditioned on Long not having previously provided sample or having paid surcharge, upheld as proper exercise of discretion: ¶8 Here, the circuit court ordered the DNA sample contingent on whether one had previously been provided. If […]
Ineffective Assistance of Counsel: Failure to Challenge Invalid DNA Search Warrant – Lack of Prejudice; Right to Present Defense: DNA Evidence
State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her […]
Sentencing Guidelines: No Remedy for Omitted Offense
State v. Jeffrey S. Firebaugh, 2011 WI App 154 (recommended for publication); pro se; case activity Because the Wisconsin Sentencing Commission had created no guideline “applicable” to Firebaugh’s offense (homicide by intoxicated use of a motor vehicle), he isn’t entitled to resentencing on the basis of failure to “consider” a (non-existent) guideline. ¶12 At the time […]
Probable Cause – Seizure of Personal Property
State v. Wilson J. Behling, 2011AP483-CR, District 3, 10/18/11 court of appeals decision (1-judge, not for publication); for Behling: John M. Carroll; case activity Probable cause that Behling’s backpack contained contraband supported its seizure so that a warrant could be obtained and the item searched: ¶28 We conclude Hoffman had probable cause to believe Behling’s backpack contained […]
Ineffective Assistance of Counsel
State v. Michael A. Clements, 2010AP1978-CR, District 4, 10/13/11 court of appeals decision (not recommended for publication); for Clements: Steven D. Grunder, SPD, Madison Appellate; case activity Counsel’s performance not deficient, against claims that he failed to: impeach the complainant with a prior recorded statement; object on hearsay grounds to admissibility of her statement to a school counselor; […]
Appellate Briefing – Forfeiture of Argument; Harmless Error
State v. Joshua P. O’Keefe, 2010AP2898-CR, District 4, 10/13/11 court of appeals decision (1-judge, not for publication); for O’Keefe: Steven D. Grunder, SPD, Madison Appellate; case activity ¶7 O’Keefe contends that the circuit court erred in admitting the testimony of Bannach and Wanta in which they read to the jury the “Diagnosis” portion of the medical […]
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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.