Explore in-depth analysis

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.

Guilty Pleas – Plea-Withdrawal

State v. Ricardo Lopez, 2010 WI App 153 (recommended for publication); for Lopez: Catherine M. Canright; BiC; Resp.; Reply The plea colloquy was deficient with respect to Lopez’s understanding of the rights waived by his no contest plea, therefore in response to his postconviction motion to withdraw plea the trial court held a hearing at […]

State v. Gregory M. Sahs, 2009AP2916-CR, District 1, 10/26/10, review granted 11/14/12

Voluntariness – Statements to Probation Officer court of appeals decision (3-judge, not recommended for publication), supreme court review granted 11/14/12; for Sahs: Mark S. Rosen; BiC; Resp. Sahs’ claim that his statements to his probation officer were given under compulsion is rejected, because the premise for the claim – a DOC form cautioning that he […]

Probable Cause – OWI Arrest

State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14      The undisputed facts as disclosed from the record reveal the following:  (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive; […]

Probation – Length of, Judicial Authority to Reduce

State v. Carl L. Dowdy, 2010 WI App 58, review granted, 3/16/11; for Dowdy: Bryan Cahill; BiC; Resp.; Reply Judges lack statutory authority to reduce the length of probation. ¶16      We conclude that we do not have cause to refer to legislative history or other extrinsic tools, because the plain language of Wis. Stat. § 973.09(3)(a) does […]

Compelled Self-Incrimination – Sentencing after Revocation

State v. Ronnie L. Peebles, 2010 WI App 156 (recommended for publication); for Peebles: Suzanne L. Hagopian, SPD, Madison Appellate; BiC; Resp.; Reply Use, at Peebles’ sentencing after revocation, of his incriminating statements made during counseling ordered as a condition of probation, violated the 5th amendment and requires resentencing. The court canvasses the leading cases […]

Mental Commitment – Sufficiency of Evidence to show 2nd standard of dangerousness

Barron County v. Dennis H., 2010AP1026, District 3, 10/19/10 court of appeals decision (1-judge, not for publication); for Dennis H.: Jefren E. Olsen, SPD, Madison Appellate Evidence held sufficient to support finding of dangerousness. 1) Recent overt act, attempt or threat to do serious physical harm. A psychologist testified that Dennis at times displayed aggressive behavior (“he […]

TPR – Right to Counsel – Violation, Structural Error

State v. Darrell K., 2010AP1910, District 1, 10/19/10 court of appeals decision (1-judge, not for publication); for Darrell K.: Jereny C. Perri, SPD, Milwaukee Darrell’s right to counsel was violated when the trial court granted counsel’s motion to withdraw then found Darrell in default as to grounds while he was unrepresented. State v. Shirley E., […]

Herbert Johnson, Sr. v. Thurmer, 7th Cir No. 07-2628, 10/18/10

7th circuit court of appeals decision, on habeas review of summary order of Wisconsin court of appeals Habeas – Procedural Default & No-Merit Report Johnson’s failure to assert an ineffective assistance of (trial) counsel claim in response to his appellate attorney’s no-merit report did not procedurally default that claim for purposes of subsequent collateral attack. […]

State v. Brandon G. Johnson, 2010AP233-CR, District 4, 10/14/10

court of appeals decision (3-judge, not recommended for publication); for Johnson: Philip J. Brehm; BiC; Resp.; Reply Restitution – Psychiatric Care – Sexual Assault Johnson, 17, had sex with 14-year-old W.M.K., resulting in conviction for 3rd degree sexual assault. Restitution ($10k), awarded for W.M.K.’s 10-month residence at Thayer Learning Center, (described as “a boot camp, behavior modification […]

TPR – Underlying CHIPS Order: Implied “Specific Services”

Dane Co. DHS v. Samuel W., 2009AP2606 , District 4, 10/14/10 court of appeals decision (1-judge, not for publication); for Samuel W.: Eileen A. Hirsch, SPD, Madison Appellate Under Sheboygan County DHHS v. Tanya M.B., 2010 WI 55, although a CHIPS dispositional order must set forth the “specific services” to be provided, it may do so […]

On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].

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.