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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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Custodial Interrogation: Request for Counsel – Waiver of Rights – Invocation of Counsel – Assertion of Right to Silence
State v. Patrick E. Hampton, 2010 WI App 169 (recommended for publication); for Hampton: Michael S. Holzman; BiC; Resp.; Reply Custodial Interrogation – Request for Counsel To invoke the 5th amendment right to counsel during custodial interrogation, the suspect must assert the right unambiguously, something Hampton did not do. ¶30 Hampton alleges that detectives ignored him […]
Sentencing – Burden to Show Inaccurate Information
State v. Jason C. Walker, 2010AP83-CR, District 3, 11/2/10 court of appeals decision (recommended for publication); for Walker: William E. Schmaal, SPD, Madison Appellate; BiC; Resp.; Reply ¶1 Jason Walker was sentenced after revocation of his probation. The sentencing court considered probation violations that Walker denied committing. Because of his denial, Walker argues the court could […]
Reasonable Suspicion – Traffic Stop
Outagamie County v. Daniel C. Torreano, 2010AP978, District 3, 11/2/10 court of appeals decision (1-judge, not for publication); for Torreano: Chad A. Lanning; BiC; Resp.; Reply ¶8 While this case also presents a relatively close call, we agree with the circuit court that the stop was supported by reasonable suspicion. That Torreano was observed driving […]
Curative Instruction; Theft by Fraud – Sufficiency of Proof
State v. Lea B. Kolner, 2010AP1233-CR, District 3, 11/2/10 court of appeals decision (1-judge, not for publication); for Kolner: R. Michael Waterman; BiC; Resp.; Reply Curative Instruction Any impropriety in the prosecutor’s opening statement (alleged comment on right to silence) was presumptively cured by the trial court’s instruction to disregard the entire opening statement. ¶11 […]
J.D.B. v. North Carolina, USSC No. 09-11121, cert granted 11/1/10
Docket Decision below (N.C. supreme court) Question Presented: Whether, in the context of interrogating a juvenile in a school setting, “custody” for purposes of triggering Miranda warnings is determined by a purely objective test; or includes subjective considerations such as the subject’s age and status as a special education student. Scotusblog page The nub of […]
Turner v. Price, USSC No. 10-10, cert granted 11/1/10
Docket Decision below (S.C. supreme court) Questions Presented (courtesy, Scotusblog): 1) Whether an indigent defendant has a constitutional right to appointed counsel at a civil contempt proceeding that results in his incarceration; and 2) whether the Court has jurisdiction to review the decision of the South Carolina Supreme Court. Cert petition Scotusblog page Turner got […]
Davis v. U.S., USSC No. 09-11328, cert granted 11/1/10
Docket Decision below (CTA11) Question Presented (from cert petition): Whether the good-faith exception to the exclusionary rule applies to a search authorized by precedent at the time of the search that is subsequently ruled unconstitutional. Cert petition Scotusblog page Fall-out from the Court’s decision in Arizona v. Gant, 556 U.S. ___, 129 S. Ct. 1710 (2009), the question […]
State v. Brian T. St. Martin, No. 2009AP1209-CR, review granted 10/27/10
decision below: certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; court of appeals briefs: Resp.; Reply Issue (from Table of Cases): Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident […]
Coram Nobis
State v. Andrew M. Obriecht, 2010AP1469, District 4, 10/28/10 court of appeals decision (1-judge, not for publication); pro se Following earlier unsuccessful challenges to his plea-based conviction via direct appeal and habeas, Obriecht utilizes coram nobis as an attack mechanism. He argues that his plea wasn’t knowing, and that requiring a plea as a precondition to […]
Court of Appeals Publication Orders, 10/10
court of appeals publication orders, 10/27/10 On Point posts from this list: 2010 WI App 137 State v. Drew E. Bergwin 2010 WI App 142 Hakim Naseer v. Circuit Court for Grant County
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