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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 (OWI); Detention to Administer FST
State v. William M. Hughes, 2011AP647-CR, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Hughes: Michael C. Witt; case activity Traffic stop supported by reasonable suspicion to believe Hughes was operating while intoxicated: The stop occurred at night, after a football game, when there is an increased frequency of drunk driving; […]
TPR – Summary Judgment on Grounds
Rock Co. HSD v. Timothy F., 2011AP1354, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Timothy F.: Carl W. Chessir; case activity The court rejects Timothy F.’s challenge to grant of summary judgment as to grounds for termination (abandonment, § 48.415(1)(a)2.): even if Timothy arguably had “good cause” for not visiting his […]
Search Warrant: Execution Reasonableness – Inevitable Discovery; Evidence: Denny (Third-Party Liability); Juror: Removal, During Deliberations – Substitution of Alternate, After Deliberations Commence
State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18 Generally, searches are subject to the […]
Reasonable Suspicion / Probable Cause – OWI – Collective Knowledge Doctrine
State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under […]
OWI – Breathalyzer Results, Jury Instructions
County of Ozaukee v. David W. Berend, 2011AP291, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Berend: Walter Arthur Piel, Jr.; case activity Breathalyzer test results are admissible (and presumptively accurate) in OWI and PAC proceedings if “the sample was taken within 3 hours after the event to be proved,” § 885.235(1g). Berend’s […]
SVP Jury Instructions: “Mental Disorder” – Interest of Justice Review
State v. Paschall Lee Sanders, 2011 WI App 125 (recommended for publication); for Sanders: Ellen Henak, SPD, Milwaukee Appellate; case activity The definitions of “mental disorder” in since-amended pattern instruction Wis JI—Criminal 2502 (2009), though concededly contradictory, didn’t prevent from being tried the issue of whether Sanders qualified for commitment as a sexually violent person: ¶14 As we […]
Line-Up
State v. Jose A. Reas-Mendez, 2010AP1485-CR, District 1, 8/23/11 court of appeals decision (not recommended for publication); for Reas-Mendez: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity The victim’s pretrial lineup identification of Reas-Mendez isn’t suppressible: the lineup was comprised of “four men, all of generally the same build, in the same type of clothing, with […]
Good-Time Credit, Jail Sentence Served in Prison
State v. Orbin B. Harris, 2011 WI App 130 (recommended for publication); for Harris: Matthew S. Pinix; case activity Good-time credit may not be earned on a jail sentence for a violent offense being served in prison: ¶1 Orbin B. Harris appeals the judgment convicting him of battery and intimidation and the […]
TPR – Removal of Element from Jury – Closing Argument, Misstatement, Interest of Justice
Florence County Department of Human Services v. Jennifer B., 2011AP88, District 3, 8/19/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, Shelley Fite, SPD, Madison Appellate; case activity Removal from jury consideration of a ground for termination (CHIPS orders) without prior discussion between court and parties was error: ¶10 While […]
Prison Conditions – Forced Feeding
DOC v. Warren Lilly, Jr., 2011 WI App 123 (recommended for publication); case activity ¶2 The primary issues we address on this appeal and their resolution are as follows: I. In light of Saenz, what is the correct legal standard for the showing DOC must make to obtain a court order continuing to authorize the forced feeding of […]
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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.