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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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Reasonable Suspicion – Terry Stop
State v. Joseph R. Jones, 2010AP2326-CR, District 4, 3/24/11 court of appeals decision (1-judge, not for publication); for Jones: Rebecca J. Vahle; case activity Reasonable suspicion to believe Jones had committed a (domestic violence-related) crime supported investigative stop. ¶10 Deputy Miller, who was dispatched to aid Curley, observed a woman standing alone on a deserted […]
Traffic Stop – Reasonable Suspicion, OWI
State v. Timothy M. Pence, 2010AP1944-CR , District 4, 3/24/11 court of appeals decision (1-judge, not for publication); for Pence: Jessica Jean Giesen, Charles W. Giesen; case activity Stop of Pence’s vehicle upheld, even if Pence was violating no specific traffic law, on reasonable suspicion he was driving while intoxicated: ¶11 The totality of the […]
OWI – Statute of Limitations
State v. Bradley A. Faber, 2010AP2325-CR , District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Faber: Susan E. Alesia, SPD, Madison Appellate; case activity ¶1 The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber. Faber was issued a pair of […]
Traffic Stop – Weaving
County of Sheboygan v. John A. Taylor, 2010AP2819, District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Taylor: Kirk B. Obear, Casey J. Hoff; case activity Weaving within lane supported reasonable suspicion for OWI stop, State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634 (“repeated weaving by a […]
TPR
Marathon County v. Julie H., 2010AP2157, District 3, 3/22/11 court of appeals decision (1-judge, not for publication); for Julie H.: Dennis Schertz; case activity Evidence held sufficient to sustain grounds for termination, namely failure to abide by CHIPS conditions. She failed to provide for the child’s protection and safety, in that her live-in fiance, a […]
Traffic Stop
Village of Hortonville v. George A. Buchman, 2010AP2836, District 3, 3/22/11 court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity Observation of Buchman’s vehicle “operating left of center (line)” established probable cause of a violation of § 346.05 (“shall drive on the right side of the roadway”). This […]
Maples v. Thomas, USSC No. 10-63, Cert Granted 3/21/11
Docket Decision below (11th Cir No. 07-15187, 10/26/09) Question Presented (by Scotusblog): Whether the Eleventh Circuit properly held that there was no “cause” to excuse any procedural default where petitioner was blameless for the default, the state’s own conduct contributed to the default, and petitioner’s attorneys of record were no longer functioning as his agents at […]
Habeas Review, Batson Issue: Must Give Deference to State Court Determination
Felkner v. Steven Frank Jackson, USSC No. 10-797, 3/31/11 On habeas review under 28 U.S.C. § 2254, the court of appeals failed to give sufficient deference to the state court determination that the prosecutor had race-neutral reasons for striking 2 of 3 black prospective jurors. The prosecutor struck one juror because she had an MSW, and […]
Friday Linkfest
You spent all week studying Bracketology only to find your picks blown up by a school you never heard of (admit it, you wouldn’t have known Morehead State from the Morehead Planetarium). You’re finished before you barely got started. You can wallow in self-pity or you can dive into Mr. Badger’s linkfest. Your call. Deportation advice. […]
State v. Carl L. Dowdy, 2010 WI App 58, review granted 3/16/11
court of appeals decision; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity Issues (formulated by On Point): Whether authority granted a circuit court by § 973.09(3)(a) to “extend probation for a stated period or modify the terms and conditions thereof,” includes the power to reduce the length of the term of […]
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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.