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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, Drug Use
State v. Joseph E. Jenamann, 2010AP1825-CR, District 4, 11/24/10 court of appeals decision (1-judge, not for publication); for Jenamann: Matthew Allen; State BiC; Jenamann Resp; Reply Continuing detention, following routine traffic stop for loud muffler and after Jenamann passed sobriety tests, was unlawful: ¶12 The only suspicious factors suggesting drug activity were bloodshot, glassy eyes, […]
Sentencing – Inaccurate Information
State v. David Derrell Morgan, 2009AP3081-CR, District 1, 11/23/10 court of appeals decision (3-judge, not recommended for publication); for Morgan: Mary D. Scholle, SPD, Milwaukee Appellate; Morgan BiC; State Resp.; Reply Claims that the sentencing court relied on inaccurate information with respect to Morgan’s employment history and family relationships rejected, on ground of failure to […]
Ineffective Assistance: Inconsistent Defenses – “McMorris” Evidence – Prejudice; Appellate Procedure: Candor – Briefs, Record References
State v. Dekoria Marks, 2010 WI App 172 (recommended for publication); for Marks: Joel A. Mogren; Marks BiC; State Resp.; Reply Ineffective Assistance – Inconsistent Defenses Counsel’s choice to pursue potentially inconsistent defenses (self-defense; no involvement) was, in light of the “not uncommon practice of lawyers to argue inconsistent theories,” within the wide range of […]
Sentencing – Right to be Sentenced by Judge Who Took Plea / Heard Evidence of Guilt
State v. Kacey G. Johnson, 2010AP1263-CR, District 1, 11/23/10 court of appeals decision (1-judge, not for publication); for Johnson: James B. Duquette; Johnson BiC; State Resp.; Reply Johnson forfeited his claim of a right to be sentenced by the judge who took his guilty plea, by failing to object contemporaneously. This is not a matter […]
Court of Appeals Publication Orders, 11/10
court of appeals publication orders, 11/17/10 On Point posts from this list: 2010 WI App 146 State v. Daniel H. Hanson 2010 WI App 153 State v. Ricardo Lopez 2010 WI App 155 State v. Lee Anthony Batt 2010 WI App 156 State v. Ronnie L. Peebles 2010 WI App 158 State v. Carl L. […]
Henry Kaczmarek v. Rednour, 7th Cir No. 09-2417, 11/17/10
seventh circuit decision Habeas – Procedural Default A federal claim procedurally defaulted in state court works foreclosure of federal habeas review. That the state court engaged plain error review doesn’t mean that the default was overlooked and the merits of the claim reached. Here, the Illinois court refused to reach the merits of Kaczmarek’s Apprendi claim […]
Newly Discovered Evidence: Test – SVP Commitment – Revised Actuarial; Completeness Doctrine, § 901.07; Interest of Justice Review
State v. Richard D. Sugden, 2010 WI App 166 (recommended for publication); for Sugden: Donald T. Lang, SPD, Madison Appellate; Sugden BiC; State Resp.; Reply Newly Discovered Evidence – Test – Generally ¶14 In order to be entitled to a new trial based on newly discovered evidence, Sugden must prove by clear and convincing evidence […]
Madison Metro. School Dist. v. Circuit Court for Dane County, 2009AP2845-W, review granted 10/27/10
decision below: supervisory writ, not posted on-line Issue (from Table of Cases): Whether a circuit court, pursuant to Wis. Stat. § 120.12(18) (school district has a duty to coordinate and provide continuity of educational programming for pupils receiving education services as the result of a court order under § 938.34(7d)) and § 938.45 (court may take […]
Traffic Stop – Duration; Field Sobriety Testing – PBT
State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10 court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply Traffic Stop – Duration ¶13 We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to […]
Sex Offender Registration Requirement Where Homeless
State v. William Dinkins, Sr., 2010 WI App 163, review granted 3/16/11; for Dinkins: Steven D. Phillips, SPD, Madison Appellate; Dinkins BiC; State Resp.; Reply A prisoner subject to sex offender registration requirement, § 301.45, isn’t subject to criminal penalty for failing, on impending release, to notify authorities of his intended “residence” where he will be […]
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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.