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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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Harmless Error; Hearsay – Medical Treatment/Diagnosis
State v. Jimmie Lee Higgins, 2010AP861-CR, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Higgins: Ellen Henak, SPD, Milwaukee Appellate; case activity; Higgins BiC; State Resp.; Reply Any error with respect to exclusion of the victim’s pretrial statement to the police in one instance, and admissibility of her statements to […]
Self-Representation – SVP
State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp. The court holds that Brown knowingly, intelligently and voluntarily waived his right to counsel at trial on his sexually violent person petition. Although there is a question as to […]
Right to Present Defense – Prosecutorial Intimidation of Witness; Comment on Guilt
State v. Jevell Williams, 2010AP1266-CR, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Williams: Bradley J. Wochowicz; case activity; Williams BiC; State Resp.; Reply Right to Present Defense – Prosecutorial Intimidation of Witness The prosecutor didn’t violate Williams’s right to present a defense by raising the possibility that his alibi witness […]
Stun Belt: Necessity Irrelevant if not Visible to Jury
State v. Jason L. Miller, 2011 WI App 34; for Miller: Shelley Fite, SPD, Madison Appellate; case activity; Miller BiC; State Resp.; Reply If the stun belt (or other restraint) isn’t visible to the jury, the trial court need not consider its necessity before requiring that the defendant wear it during trial. “Because there is […]
Obstructing – Complaint, Probable Cause; Self-representation
State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor […]
Attempted Possession of Improvised Explosive Device, § 941.31(2)(b): Sufficiency of Evidence
State v. Dennis C. Strong, 2011 WI App 43; for Strong: Steven D. Grunder, SPD, Madison Appellate; case activity Evidence that Strong possessed pails filled with methyl ethyl ketone (i.e., acetone, or paint thinner), with bare electrical wires running through the pails and attached to a wall outlets, held sufficient to establish guilt for possessing […]
Restitution
State v. Gary R. Sampson, 2010AP1930-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Sampson: Donna L. Hintze, SPD, Madison Appellate; case activity; Sampson BiC; State Resp.; Reply Sampson was guilty of theft for keeping a down payment to make improvements to a business without finishing the work. However, he is liable […]
Court of Appeals Publication Orders, 1/11
court of appeals publication orders, 1/31/11 On Point posts from this list: 2011 WI App 2 Dustardy H. v. Bethany H. 2011 WI App 3 State v. Mark D. Jensen 2011 WI App 6 State v. Miguel A. Ayala 2011 WI App 15 State v. Tracy Smiter 2011 WI App 17 State v. Kathleen A. […]
2011 Wis Act 2 (Daubert)
Join Mr. Badger in Welcoming Daubert to the Badger State 2011 Wis Act 2 (Senate Bill 1, Special Session Jan. 2011) brings Wisconsin into line with FRE 702 (“Daubert” rule). The Act was signed into law 1/27, but won’t take effect until published (which will be no later than 2/10). A potential sea change in expert […]
Reasonable Suspicion – Traffic Stop – Informant’s Tip
State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11 court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp. Phoned tip by driver who gave his name and described the subject vehicle as “all over the road” held sufficiently reliable to support reasonable suspicion for stop. Because […]
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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.