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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
State v. Matthew M. Gilbert, 2010AP2672-CR, District 2, 4/6/11 court of appeals decision (1-judge, not for publication); for Gilbert: Christopher Lee Wiesmueller; case activity Given trial court findings of fact, the officer reasonably believed that Gilbert’s registration plate lamp and brake lamps were inoperable, and thus had reasonable suspicion to make the stop. Inability to testify […]
Traffic Stop – Mistake of Fact
County of Sheboygan v. Jeffrey L. Bubolz, 2010AP2997, District 2, 4/6/11 court of appeals decision (1-judge, not for publication); for Bubolz: Casey J. Hoff; case activity Ignoring a warning sign that a road is closed except to local traffic creates reasonable suspicion for a traffic stop, even though the sign was an “unofficial” one put […]
Habeas – Evidentiary Hearing
William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part III 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation […]
William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part II
7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation defense) is here; Part III (evidentiary hearing, GP advice), here. Habeas – […]
Habeas – Ineffective Assistance – Provocation Defense
William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part I 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part II (procedural default) is […]
Florence v. Board of Chosen Freeholders of the County of Burlington, USSC NO. 10-945, Cert Granted 4/4/11
Docket Decision below (621 F.3d 296 (3rd Cir 2010)) Question Presented: Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search of every individual arrested for any minor offense no matter what the circumstances. Scotusblog page Caselaw in this Circuit has long rejected suspicionless jail strip searches for minor offenses. Mary Beth […]
Right to Present Defense – Hearsay Testimony; “Shiffra” Disclosure; Judicial Bias
State v. Bryan Peter Leather, 2010AP354-CR, District 1, 4/5/11 court of appeals decision (not recommended for publication); for Leather: Rex Anderegg; case activity Leather argues he was entitled to call the prosecutor as a witness to testify about the complainant’s hearsay statements to her. The 6th amendment right to present a defense (confrontation and compulsory process) […]
Reasonable Suspicion – OWI Stop; Guilty Plea Waiver Rule – Suppression Rule; Briefing Rules
City of West Allis v. Susan Schneidler, 2010AP2531, District 1, 4/5/11 court of appeals decision (1-judge, not for publication); for Schneidler: Thomas C. Simon; case activity Tip from an identified citizen informant – that she had seen Schneidler drinking alcohol before driving off – supported stop of Schneidler’s car, without requiring independent corroboration. ¶18 In short, […]
Greene v. Fisher, USSC No. 10-637, cert granted 4/4/11
Docket Decision below (3rd Cir No. 07-2163, 5/28/10) Question Presented (by Scotusblog): For purposes of adjudicating a state prisoner’s petition for federal habeas relief, what is the temporal cutoff for whether a decision from this Court qualifies as “clearly established Federal law” under 28 U.S.C. § 2254(d), as amended by the Antiterrorism and Effective Death Penalty […]
State v. Glen D. Nordberg, 2010AP1142, review granted 3/18/11
on bypass petition; for Nordberg: Donald T. Lang, SPD, Madison Appellate; case activity Issue: Whether 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 under § 980.08(4). The court of appeals held, in State v. Rachel, 2010 WI App 60, 324 […]
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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.