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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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Newly Discovered Evidence: New Forensic Method, Photogrammetric Analysis; Interest-of-Justice Review
State v. Brian K. Avery, 2011 WI App 148 (recommended for publication), supreme court review granted, 2/23/12; for Avery: Keith A. Findley; case activity; prior 974.06 appeal: 2008AP500-CR; direct appeal: 1997AP317 Newly Discovered Evidence – New Forensic Method – Photogrammetric Analysis Expert photogrammetric opinion, derived from video enhancement technology (“VISAR”) not commercially available until after Avery’s trial, […]
Week-End Links
Margaret Colgate Love, “Evolving Standards of Reasonableness: The ABA Standards and the Right to Counsel in Plea Negotiations” (“Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of their obligations in plea negotiations.”). “Will Robots Steal Your Job? Software could kill lawyers. Why that’s good for everyone else.” (“The […]
Appellate Procedure: “Waiver,” Distinguished from “Forfeiture” – Civil Case Necessity of Post-Trial Motion
J. K. v. Mark Peters, 2011 WI App 149 (recommended for publication); case activity Appellate Procedure – “Waiver,” Distinguished from “Forfeiture” ¶1 n. 1: In using the term “waiver,” we are aware of the recently decided case of State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, where our supreme court clarified the distinction […]
TPR
Florence County Dept. of Human Services v. Jennifer B., 2011AP384, District 3/1, 9/29/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, SPD, Madison Appellate; case activity Because the record doesn’t clearly establish whether Jennifer B. voluntarily terminated her rights, entered a no-contest plea, or made an admission to the allegations in […]
Repeated Sexual Assault of Same Child, § 948.025(1)(a) – Mandatory Minimum Sentence – Jury Instructions
State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same child by acts of sexual intercourse, the case was in effect tried under § 948.025(1)(ar) ,which requires acts of sexual […]
Court of Appeals Publication Orders, 9/11
court of appeals publication orders, 9/28/11 On Point posts from this list: 2011 WI App 123 DOC v. Warren Lilly, Jr. 2011 WI App 124 State v. Steven A. Avery 2011 WI App 125 State v. Paschall Lee Sanders 2011 WI App 127 State v. James G. Brereton 2011 WI App 129 State v. Devon L. Bean […]
State v. Jeffrey G. Sutton, 2010AP1391-CRNM, rev. granted 9/27/11
on review of summary order (District 1); for Sutton: Colleen Ball, SPD, Milwaukee Appellate; case activity No-Merit Appeal Procedure – Remand for Evidentiary Hearing Issues: 1. (Composed by On Point:) Whether § 809.32(1)(g) requires the court of appeals to remand a case to the circuit court for an evidentiary hearing where, during the course of a no-merit proceeding, […]
Patrick Wood v. Milyard, USSC No. 10-9995, cert granted 9/27/11
Docket Decision below: Wood v. Milyard, 10th Cir, 11/26/10 Questions Presented (by the Court): 1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense? 2) Does the State’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate […]
Sexual Assault; Charging Document; Excited Utterances; Newly Discovered Evidence
State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23 In this case, the trial court […]
Mental Commitment – Probable Cause Time Limit – Lost Competency to Proceed
Outagamie County v. Paul S., 2011AP920, District 3, 9/27/11 court of appeals decision (1-judge, not for publication); for Paul S.: Shelley Fite, SPD, Madison Appellate; case activity ¶9 Wisconsin Stat. § 51.15(5) provides an individual may “not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours, […]
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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.