On Point

decision below: unpublished; prior On Point post; for Rhodes: John J. Grau

Issue (from Table of Pending Cases):

Whether a criminal defendant’s constitutional right to confront a witness in cross-examination was infringed, and, if so, whether the infringement was harmless error.

Homicide case, tried on State’s theory Rhodes had motive to kill victim for beating Rhodes’ sister; court of appeals reversed because trial judge cut off cross-examination that Rhodes did not react violently in response to prior harm inflicted by victim on sister.

decision below:  unpublished summary disposition; for Funk: Michele Anne Tjader

Issue (from Table of Pending Cases):

Whether a juror was subjectively and/or objectively biased under the test set forth in State v. Delgado, 223 Wis. 2d 270, 588 N.W.2d 1 (1999).

Briefs, appellate decision, petition for review: none is posted, so you can’t readily tell what the case is about. CCAP indicates that this is a sexual assault case and that the judge granted new trial because a juror failed to reveal on voir dire she’d been a sexual assault victim herself.

federal habeas decision (pdf file: here), granting relief in State v. Fischer, 2010 WI 6; respondent’s Rule 59 motion to amend judgment denied 1/7/11

Habeas Review – Right to Present Defense – Expert Opinion, Based PBT

Preventing Fisher from adducing expert opinion he wasn’t driving with a prohibited alcohol content based on analysis of his PBT, because of the absolute evidentiary bar under § 343.303  on PBTs,

State v. Precious M. Ward, 2009AP2085-CR, District 1, 10/5/10

court of appeals decision (3-judge, not recommended for publication); for Ward: Lew A. Wasserman; BiC; Resp.; Reply

Hearing-Impaired Juror

Juror who was hearing impaired, but not completely so; who could lip read; and for whom the trial judge took precautions to make sure he could hear everything, was qualified to sit.

State v. David J. Bucknell, 2010AP833-CR, District 3, 9/30/10

court of appeals decision (1-judge, not for publication); for Bucknell: Rebecca M. Coffee; BiC; Resp.; Reply

A prior conviction, used to enhance a pending charge, may be collaterally attacked on the basis of denial of the 6th amendment right to counsel. Because “it is clear from Bucknell’s testimony at the hearings on his motion that he was aware of his right to be represented by an attorney at the prior proceeding and that he knowingly and intelligently relinquished that right,”

Village of Marathon City v. Jenny L. Nowak, 2010AP462, District 3, 9/30/10

court of appeals decision (1-judge, not for publication); Resp. Br.

¶11      The five-factor Hanson/Kramer test is used to determine the accuracy of moving radar.[4] See Washington Cnty. v. Luedtke, 135 Wis. 2d 131, 133 n.2, 399 N.W.2d 906 (1987).  “If there is compliance with the Hanson/Kramer criteria,

Jeffrey J. v. David D., 2010AP1717, District 3, 9/28/10

court of appeals decision (1-judge, not for publication); for David D.: Shelley Fite, SPD, Madison Appellate

Parent’s right to confrontation was satisfied by in-chambers discussion between judge and children during which they spoke in favor of termination, where their father killed their mother and grandparents, and the judge reasonably determined that they would suffer emotional harm if required to submit to face to face confrontation.

Door County v. Andrew M. LaFond, 2010AP976, District 3, 9/28/10

court of appeals decision (1-judge, not for publication); for LaFond: Robert C. Raymond; BiC; Resp.; Reply

The court rejects an argument that a driver has a due process right to be informed that a blood sample can be taken forcibly upon refusal to consent to a blood draw.

¶8        Our supreme court has held that the information required by what is now WIS.

State v. Christopher Jones, 2009AP2761-CR, District 1, 9/28/10

court of appeals decision (3-judge, not recommended for publication); for Jones: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp.; Reply

The court rejects a claim of an “end-run” around the plea bargain, which limited the State’s recommendation to 10 years imprisonment while leaving the “configuration” of confinement and supervision to judicial discretion, based on prosecutorial comments:

• the “whole matter was “aggravated by the defendant’s record,”

Docket

Decision below (KY supreme court)

Question Presented (from USSC docket post):

Police officers entered an apartment building in hot pursuit of a person who sold crack cocaine to an undercover informant. They heard a door slam, but were not certain which of two apartments the trafficker fled into. A strong odor of marijuana emanated from one of the doors, which prompted the officers to believe the trafficker had fled into that apartment.