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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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SVP: Discharge Petition
State v. Charles M. Ermers, Jr., 2011 WI App 113 (recommended for publication); for Ermers: Steven D. Phillips, SPD, Madison Appellate; case activity A ch. 980 discharge hearing requires that the petitioner allege “facts from which the court or jury may conclude the person’s condition has changed since the date of his or her initial […]
OWI – Probable Cause, PBT
State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11 court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his […]
Reasonable Suspicion – Temporary Stop
State v. Lisa K. Beckman, 2010AP2564-CR, District 2, 6/29/11 court of appeals decision (1-judge, not for publication); for Beckman: Gary Grass; case activity ¶12 Here, Schubel observed Beckman’s vehicle at 11:40 p.m. on a Sunday night in a parking lot behind one closed business before it proceeded to the parking lot of another closed business. […]
Plea-Withdrawal – Newly Discovered Evidence
State v. John D. Tiggs, Jr., 2010AP1530, District 2, 6/29/11 court of appeals decision (1-judge, not for publication); pro se; case activity Tiggs knew that DNA test results would be released in mere hours, yet chose to enter his no-contest plea. His postconviction motion to withdraw the plea, based on a theory that the test […]
Sentence Credit, Previously Imposed Sentence, § 973.04; Double Jeopardy
State v. Charles Lamar, 2011 WI 50, affirming 2009 WI App 133; for Lamar: Donna L. Hintze, SPD, Madison Appellate; case activity Sentence Credit, Previously Imposed Sentence, § 973.04 Two concurrent sentences were initially imposed following guilty pleas to aggravated battery and misdemeanor bail jumping, both as repeater. The Agg Batt plea was withdrawn on postconviction motion, […]
Court of Appeals Publication Orders, 6/11
court of appeals publication orders, 6/29/11 On Point posts from this list: 2011 WI App 78 State v. Marilee Devries 2011 WI App 79 State v. Andre D. Hansbrough 2011 WI App 80 State v. Yancy D. Freland 2011 WI App 81 State v. Eliseo Peralta 2011 WI App 86 State v. Jeffrey D. Walli […]
Frisk – Auto; Plain View
State v. Deandre A. Buchanan, 2011 WI 49, affirming unpublished CIA decision; for Buchanan: Tyler William Wickman; case activity Frisk – Auto Frisk of Buchanan, following routine traffic stop for speeding, was supported by reasonable belief that he was armed and dangerous. ¶3 We hold that under the totality of the circumstances in this case, the trooper’s […]
Sandy Williams v. Illinois, USSC No. 10-8505, cert granted 6/28/11
Docket Decision below: People v. Williams, 238 Ill. 2d 125 (Ill. S. Ct. No. 107550) Question Presented (by the Court): Whether a state rule of evidence allowing an expert witness to testify about the results of DNA testing performed by non-testifying analysts, where the defendant has no opportunity to confront the actual analysts, violates the Confrontation Clause. […]
Delivery of Controlled Substance – Sufficiency of Evidence; Joinder
State v. James Thomas Morton, 2010AP2041-CR, District 1, 6/28/11 court of appeals decision (not recommended for publication); for Morton: Carl W. Chessir; case activity Evidence that Morton told an undercover officer to put her money on the kitchen table, and that “what you came for is right here,” supported conviction for delivery of the controlled substance the […]
Terry Frisk
State v. Felton O. Shands, 2010AP2407-CR, District 1, 6/28/11 court of appeals decision (1-judge, not for publication); for Shands: Randall E. Paulson; case activity High-crime area (what else?) + hand-rolled cigarette “furtively” (what else?) thrown down by occupant of parked car on police approach + bit of embellishment = reasonable suspicion the occupant is armed and dangerous […]
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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.