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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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Habeas – Jury Selection – Ineffective Assistance –
MC Winston v. Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell, this case presents the question whether the constitutional rights of the […]
Traffic Stop
State v. Kim R. Kallenberg, 2011AP276, District 2, 8/17/11 court of appeals decision (1-judge, not for publication); for Miller: Kirk B. Obear, Casey J. Hoff; case activity Lane deviation unaccompanied by signal provided adequate basis for stop. ¶8 We hold that there was probable cause that Kallenberg violated Wis. Stat. §§ 346.13(1) and 346.34(1)(b). A driver preceding another has […]
OWI – Property “Held Out to the Public”
County of Winnebago v. Matthew J. Miller, 2011AP661, District 2, 8/17/11 court of appeals decision (1-judge, not for publication); for Miller: Walter Arthur Piel, Jr.; case activity Experimental Aircraft Association Air Venture grounds were sufficiently “held out to the public,” for purposes of OWI-related liability, because the EAA granted substantial access to the public via purchased passes. […]
TPR – Sufficiency of Evidence; Oral Instructions: Timing; Counsel – Presence, Return of Verdict
Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11 court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the […]
Confrontation – Chain of Custody, Lab Test
State v. Richard Dean Boyer, 2011AP305-CR, District 1, 8/16/11 court of appeals decision (1-judge, not for publication); for Boyer: Walter Arthur Piel, Jr.; case activity OWI trial, where the chemist who analyzed the blood sample testified, but the person who drew the sample didn’t: the court rejects Boyer’s argument that his right to confrontation was […]
In Memory of Judge Terence T. Evans
On Point honors the memory of Judge Evans with tributes from local admirers. At the same time, we are mindful that his graceful, inimitable writings are his greatest legacy, as can quickly be seen from this short sample. Additional tributes will be posted as they come in. This post will be kept at the top of the site […]
Guilty Plea Procedure – Defendant’s Denial of Element; Plea-Withdrawal – Manifest Injustice
State v. Lee Roy Cain, 2010AP1599-CR, District 4, 8/11/11, affirmed, 2012 WI 68 court of appeals decision (not recommended for publication), affirmed, 2012 WI 68; case activity If, during a (non-Alford) guilty plea colloquy, the defendant denies the existence of an element of the charged the offense, the court must refuse to accept the plea: ¶28 However, when, […]
OWI – Habitual – Collateral Attack
State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11 court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied, […]
TPR – Grounds – Impossible Conditions
Dane Co. DHS v. Porfirio O. / Minerva L., 2011AP1247 et al., District 4, 8/11/11 court of appeals decision (not recommended for publication); for Porfirio O.: Dennis Schertz; for Minvera L.: Steven Zaleski; case activity (Porfirio); case activity (Minerva) The parents did not meet their burden of showing factual dispute as to whether their incarceration […]
TPR – Appearance by Telephone
Kenosha County DHS v. Amber D., 2011AP562, District 2, 8/10/11 court of appeals decision (1-judge, not for publication); for Amber D.: Thomas K. Voss; case activity Timothy M.’s appearance by telephone, occasioned by his incarceration, didn’t violate his due process right to meaningfully participate in TPR proceedings, Waukesha Cnty. DHHS v. Teodoro E., 2008 WI App […]
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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.