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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 – IAC – NGI Defense
Albert Price v. Thurmer, 7th Cir No. 09-3851, 4/18/11 7th circuit court of appeals decision, on remand after prior appeal, 514 F.3d 729, denying relief on review of unpublished decision of Wis COA Habeas – IAC – NGI Defense Trial counsel seemingly mishandled the court-appointed NGI expert, in failing to cure the latter’s apparent misapprehension that he […]
Plea Bargain – Breach by Defendant
State v. Christian R. Colon, 2010AP839-CR, District 1, 4/19/11 court of appeals decision (not recommended for publication); for Colon: Amelia L. Bizzaro; case activity Colon’s refusal to testify against codefendant Rivera constituted a substantial and material breach of his plea bargain, such that the State was freed from restrictions on its allocution, ¶¶9-16. The sheriff placed […]
TPR
State v. Gabriel S., 2010AP2876, District 1, 4/19/11 court of appeals decision (1-judge, not for publication); for Gabriel S.: Jane S. Earle; case activity Decision to terminate parental rights upheld as proper exercise of discretion, against argument (as to grounds) that Gabriel S. wasn’t to blame for abuse that caused child to be removed from […]
Habeas – Evidentiary Hearing – Federal Review Limited to State Court Record
Cullen v. Scott Lynn Pinholster, USSC No. 09-1088, 4/4/11 We first consider the scope of the record for a §2254(d)(1) inquiry. The State argues that review is limited to the record that was before the state court that adjudicated the claim on the merits. Pinholster contends that evidence presented to the federal habeas court may […]
SVP: Pre-Commitment Return to DOC Custody
State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2011 WI App 61, affirmed 2012 WI 72 (recommended for publication); for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt: Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt); affirmed, 2012 WI 72 SVP – Pre-Commitment […]
3rd-Degree Sexual Assault, § 940.225(3) – Elements; Prior Inconsistent Statement; Sufficiency of Evidence
State v. Dennis J. Thornton, 2009AP3074-CR, District 2, 4/13/11 court of appeals decision (not recommended for publication); for Thornton: Angela C. Kachelski; case activity Scienter is not an element of § 940.225(3). State v. Lederer, 99 Wis. 2d 430, 433, 299 N.W.2d 457 (Ct. App. 1980) (statute requires proof of victim’s nonconsent – in contradistinction, presumably, […]
State v. Jason E. Goss, 2010AP1113-CR, review granted 4/12/11
on petition for review of summary order; for Goss: Daniel J. Chapman; case activity Issue (formulated by On Point: Whether probable cause of intoxication to administer a preliminary breath test under § 343.303 was shown by the smell of alcohol on the driver along with four prior OWI convictions. The catch: with 4 priors, Goss’s legal blood alcohol content limit […]
State v. Gregory K. Nielsen, 2010AP387-CR, review granted 4/12/11
on petition for review of unpublished order; for State Public Defender: Joseph N. Ehmann; for amicus (WACDL): Robert R. Henak; for amicus (Appellate Section, State Bar): Anne B. Kearney; case activity Issues (formulated by On Point): Whether counsel is entitled to notice and opportunity to be heard before the court of appeals imposes a monetary or other […]
Antonio Jones v. Basinger, 7th Cir No. 09-3577, 3/31/11
7th circuit court of appeals decision Habeas – Certificate of Appealability We pause briefly to note the district court’s error in denying a certificate of appealability in this case. The statute provides that a certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.” […]
Implied Consent Law, § 343.305(5)(a)
State v. Joe R. Hechimovich, 2010AP2897-CR, District 4, 4/7/11 court of appeals decision (1-judge, not for publication); for Hechimovich: Corey C. Chirafisi; case activity Compliance with implied consent law found. Although Hechimovich initially requested a breath test, after his blood was drawn at the hospital, the deputy “gave ample opportunity” during a 10-minute period for Hechimovich to renew […]
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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.