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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 – Traffic Stop
State v. William J. Merry, 2010AP1618-CR, District 2, 11/17/10 court of appeals decision (1-judge, not for publication); pro se; State Resp. ¶8 Here, Nye testified that when he observed Merry’s vehicle, he could see “that the stoplight for the intersection for westbound traffic was red.” While Merry is correct that Nye did not (and could not) […]
Plea-Withdrawal – Hearing – Exculpatory Evidence
State v. William M. O’Donnell, 2009AP2962, District 2, 11/17/10 court of appeals decision (1-judge, not for publication); for O’Donnell: Walter Arthur Piel, Jr.; O’Donnell BiC; State Resp.; Reply Because the evidence allegedly suppressed by the State wasn’t exculpatory, O’Donnell wasn’t entitled to an evidentiary on his postconviction motion asserting suppression of exculpatory material. ¶10 A circuit court, in […]
Multiplicity: § 948.40(1) (4)(a) as Lesser of § 940.02(2)(a); Contributing to Delinquency with Death as Result; Instructions – First-Degree Reckless Homicide; Prosecutorial Misconduct – “Haseltine”
State v. Patrick R. Patterson, 2010 WI 130, affirming 2009 WI App 181; for Patterson: David R. Karpe; Patterson BiC; State Resp.; Reply Multiplicity – § 948.40(1) (4)(a) as Lesser Offense of § 940.02(2)(a) Contributing to the delinquency of a minor with death as a result, § 948.40(1), (4)(a) is not a lesser offense of first-degree […]
Exculpatory Evidence Preservation; Right to Inform Jury of Evidence Destruction
State v. Joshua Lashawn Munford, 2010 WI App 168 (recommended for publication); for Munford: Joseph L. Sommers; Munford BiC; State Resp.; Reply Munford’s claim that police destruction of his van violated due process is rejected, because the van didn’t have apparent exculpatory value. His defense against the homicide charge was that someone else fired shots that went […]
Unlawful Use of Phone – Sufficiency of Evidence; Best Evidence Rule; Citation of Unpublished Caselaw
State v. Kurt Daniel Schmidt, 2010AP1104-CR, District 3, 11/16/10 court of appeals decision (1-judge, not for publication); for Schmidt: Andrew John Laufers; Schmidt BiC; State Resp.; Reply Unlawful Use of Phone – Sufficiency of Evidence Evidence held sufficient to sustain conviction for violating § 947.012(1)(c). The second of two calls anonymously made by Schmidt in a matter of minutes […]
Appellate Procedure – Sanctions and Inadequate Argumentation
State v. Michael E. Ballenger, 2010AP664-CR, District 3, 11/16/10 court of appeals decision (1-judge, not for publication); for Ballenger: Ryan D. Lister; Ballenger BiC; State’s Resp. Appellate Procedure – Sanction Ballenger’s brief’s appendix does not include any portion of the suppression motion hearing transcript—neither deputy Campbell’s testimony nor the court’s factual findings or reasoning for […]
Hearsay – Against-Interest Statement
State v. Devon A. Sheriff, 2009AP3095-CR, District 1, 11/16/10 court of appeals decision (3-judge, not recommended for publication); for Sheriff: Jeffrey W. Jensen; Sheriff BiC; State Resp. Sheriff, convicted at jury trial of participating in drug sale, unsuccessfully appeals trial judge’s refusal to admit into evidence codefendant’s statements. ¶12 We conclude that the statements that […]
Appellate Procedure – Affirmance on Different Theory; Search & Seizure – Plain View
State v. Jason W. Kucik, 2009AP933-CR, District 1, 11/16/10 court of appeals decision (3-judge, not recommended for publication); for Kucik: Thomas J. Nitschke; Resp. Br.; Reply; Kucik Supp. Br.; State’s Supp. Br. Appellate Procedure – Affirmance on Different Theory than Posited Below ¶31 We agree with the State that it is appropriate for us to consider the […]
Charles Andrew Fowler, aka Man v. U.S., USSC No. 10-5443, Cert Granted 11/15/10
Docket Decision below (CTA 11) Question Presented (phrasing by On Point; check Docket or Scotusblog links for subsequent posting of official recitation) Whether conviction under 18 U.S.C. § 1512(a)(1)(C) (murder with intent to prevent a person from communicating information about federal offense to federal law enforcement officer or judge) requires proof of an ongoing or imminent federal […]
Jose Tolentino v. New York, USSC No. 09-11556, Cert. Granted 11/15/10
Dismissed as improvidently granted, 3/29/11 Docket Decision below (New York Court of Appeals) Question Presented (phrasing by On Point; check Docket or Scotusblog links for subsequent posting of official recitation) Whether someone’s driving record is suppressible as the fruit of an illegal stop or arrest. Scotusblog A mere 6 days ago, Mr. Badger raised an […]
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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.