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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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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 […]
Off-Point: Mr. Badger’s Weekend Links
Legal Ethics; or: Lawyers Behaving Badly First amendment rights for lawyers? Attorney’s taunts – “he called a police officer a ‘punk’ and ‘dirty cop,’ and told another he hopes the officer gets ‘shot in a drug house in Detroit’” – land him before disciplinary board. Violation of gag order, to provide public airing of client’s side, lands […]
Traffic Stop – Informant Reliability
State v. John J. Neff, 2010AP1092-CR, District 2, 11/10/10 court of appeals decision (1-judge, not for publication); for Neff: Dennis P. Coffey; BiC; Resp.; Reply Report that intoxicated individual had urinated in public and was driving away held sufficiently reliable to support stop: ¶12 We now turn to the anonymous tip in this case. The […]
Off-Point: Links to Legal Miscellany and Mischief-Making, Mr. Badger-Approved
Search & Seizure State v. Fredricks, 2010 Ore. App. LEXIS 1293 (11/3/10) (loud argument in motel room insufficient, without more, to justify warrantless entry into room under emergency aid doctrine) United States v. Gross, 2010 U.S. App. LEXIS 21478 (6th Cir. 10/19/10) (discovery of valid arrest warrant didn’t dissipate taint of illegal stop: “We […]
Habeas – Violation of State Law not Supported
Wilson v. Corcoran, USSC No. 10-91, 11/8/10, vacating and remanding habeas grant in, Corcoran v. Levenhagen, 593 F.3d 547 (7th Cir. 2010) Mere violation of state law doesn’t support habeas relief, violation of federal law being required. But it is only noncompliance with federal law that renders a State’s criminal judgment susceptible to collateral attack […]
Confrontation: Forfeiture Doctrine – Witness Unavailability; Authentication – Telephone Recording; Appellate Jurisdiction
State v. Scottie L. Baldwin, 2010 WI App 162 (recommended for publication); for Baldwin: Robert E. Haney; (principal briefs not posted on-line) The trial judge’s findings, though made prior to Giles v. California, 128 S.Ct. 2678 (2008), satisfied the test imposed by that case, that forfeiture of the right to confrontation requires intent to prevent the […]
State v. Esteban M. Gonzalez, 2010 WI App 104, review granted 10/27/10
prior post: here; background summary by court: here Issues (from Table of Cases): Whether a pattern jury instruction confused or mislead a jury such that the instructions violated a defendant’s due process rights. Whether a trial court erred in its handling of a jury’s questions during deliberations. Whether particular evidence constituted substantial facts sufficient to […]
State v. Charles Lamar, 2009 WI App 133, review granted 10/27/10
Prior post: here; background summary by court: here Issue (from Table of Cases): Whether, at resentencing, a defendant would be entitled to credit on a new sentence for time spent confined on a vacated sentence, which was served concurrently with another non-vacated sentence, when the new sentence is imposed consecutively to all other sentences (See […]
OWI – Refusal
State v. Robert J. Ruggles, 2010AP1587, District 2, 11/3/10 court of appeals decision (1-judge, not for publication); for Ruggles: Robert C. Raymond; BiC; Resp. A driver doesn’t have a constitutional right to be informed that a blood draw could be performed without his consent. ¶9 It is well established that there is no constitutional right to […]
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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.