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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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Discovery Violation – Harmless Error; Defendant’s Right not to Testify – Evidentiary Hearing
State v. Daniel E. Krueger, 2011AP571-CR, District 3, 8/2/11 court of appeals decision (1-judge, not for publication); for Krueger: Ana Lyn Babcock; case activity Prosecutorial failure to disclose a police report containing his statements that “were incriminating and any reasonable prosecutor would have planned on using them at trial” violated Krueger’s right to discovery, ¶23, citing State […]
OWI Enhancer: Crossing State Line, Multiple Offenses, Continuous Incident
State v. Andrew C. Holder, 2011 WI App 116 (recommended for publication); for Holder: Edward D. Burke, Jr.; case activity Although the penalty enhancement scheme generally allows increased penalty for each prior OWI conviction, § 346.65(2)(am)5. provides that “convictions arising out of the same incident or occurrence shall be counted as one.” Nonetheless, Burke’s driving under the influence across the Michigan […]
TPR – Motion to Reopen, § 806.07
Shelly J. v. Leslie W., 2011AP753, District 4, 7/28/11 court of appeals decision (1-judge, not for publication); for Shelly J.: Amy J. Lamerand Zott; case activity Shelly’s motion to reopen her TPR judgment, 7 years after she successfully petitioned for voluntary termination, was untimely under the 1-year deadline imposed by § 806.07(1)(a) and (c), nor did she show “extraordinary circumstances” […]
State v. Tally Ann Rowan, 2010AP1398-CR, District 3/4, 7/28/11
certification; for Rowan: Paul G. LaZotte, SPD, Madison Appellate; case activity; review granted, 10/25/11 Extended Supervision Conditions – Limits on Fourth Amendment Rights The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer […]
Traffic Stop: Reasonable Suspicion, Traffic Violation; OWI Refusal Hearing: Lawfulness of Arrest
State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a […]
IAC – Rebuttal Witness
State v. Jeremy M. Bootz, 2010AP2795-CR, District 2, 7/27/11 court of appeals decision (1-judge, not for publication); for Bootz: Craig S. Powell; case activity Counsel “had no obligation to object to” the testimony of “a bona fide rebuttal witness,” hence didn’t perform deficiently. The court summarizes ground-rules relative to rebuttal witnesses, overarching principles being: “A bona […]
SVP – Supervised Release Procedure
State v. Edwin Clarence West, 2011 WI 83, affirming unpublished opinion; for West: Ellen Henak, SPD, Milwaukee Appellate; case activity [Companion case: State v. Nordberg, 2011 WI 84 (same result, controlled by West).] Someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release […]
Court of Appeals Publications Orders, 7/11
court of appeals publication orders, 7/26/11 On Point posts from this list: 2011 WI App 100 Harlan Richards v. Alphonso Graham / Mark Heise 2011 WI App 102 State v. Alan Adin Randall 2011 WI App 104 State v. Deundra R. Lathan 2011 WI App 106 State v. Rodney a. Larson 2011 WI App 113 State v. Charles M. Ermers
Delinquency Adjudication – Theft – Sufficiency of Evidence
State v. Juan I. C., 2010AP3114, District 4, 7/21/11 court of appeals decision (1-judge, not for publication); for Juan I.C.: Susan E. Alesia, SPD, Madison Appellate; case activity Credibility determination made by trial judge supported delinquency adjudication for theft of iPod that Juan borrowed but failed to return. ¶11 On the disputed issue of whether Juan […]
Guest Post: Hon. Richard J. Sankovitz, “Teachable Moments and Missed Opportunities in Funk and Denson”
On Point is very pleased to present this Guest Post discussion of State v. Funk and State v. Denson, by the Honorable Richard J. Sankovitz, Milwaukee County Circuit Court. Feel free to submit comments in the box at the end of the Post. Trial judges monitor the flurry of end-of-term Wisconsin Supreme Court decisions for new rules […]
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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.