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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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Brown County Dept. of Human Services v. Brenda B., 2010AP321, Wis SCt rev granted 9/13/10
decision below: unpublished; for Brenda B.: Leonard D. Kachinsky; prior post, here. Issue (from Table of Pending Cases): Did the trial court correctly exercise its discretion in denying a parent’s motion to withdraw a no contest plea that grounds existed for termination of parental rights without an evidentiary hearing?
State v. Omer Ninham, 2008AP1139, Wis SCt rev granted 9/13/10
decision below: 2009 WI App 64; for Ninham: Frank M. Tuerkheimer; Bryan Stevenson; Rebecca Kiley Issues (from Table of Pending Cases): Whether Roper v. Simmons, 543 U.S. 551 (2005) and Graham v. Florida, 130 S.Ct. 2011 (2010) are applicable to revise the sentence of a defendant whose crime(s) were committed as a juvenile. Whether the sentence […]
Reasonable Suspicion – No DL
State v. Joseph Donald Peacock, 2010AP954-CR, District 3, 9/21/10 court of appeals decision (1-judge, not for publication); for Peacock: James R. Phelan; BiC; Resp.; Reply Because the officer knew from previous contacts, including one a mere 6 days prior, that Peacock’s driver’s license was suspended, he had reasonable suspicion to stop Peacock’s vehicle even though […]
Battery – Self-Defense – Sufficiency of Evidence; Sanctions – Improper Briefing
State v. Richard Martin Kubat, 2010AP509-CR, District 3, 9/21/10 court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp. Battery – Self-Defense – Sufficiency of Evidence A verbal confrontation between truckers at a truck stop eventuated in Belcher disabling Kubat’s truck and inviting Kubat to get his punk ass out […]
Probable Cause – Traffic Violation: Driving in Center Lane; Reasonable Suspicion – OWI
State v. Jerome Hoehne, 2009AP2561-CR, District 4, 9/15/10 court of appeals decision (1-judge, not for publication); for Hoehen: Bill Ginsberg; BiC; Resp.; Reply Probable Cause – Traffic Violation: Driving in Center Lane Driving in the center lane of a 3-lane highway did not support probable cause to arrest for a traffic violation: ¶8 On appeal, the […]
Traffic Stop – Unsafe Backing
City of Tomah v. Matthew Pudlow, 2010AP1044, District 4, 9/15/10 court of appeals decision (1-judge, not for publication); for Pudlow: Rick Niemeier, Maggie Premo; BiC; Resp.; Reply Traveling in reverse at 30 mph, near an intersection with a highway, provided reasonable suspicion to stop: ¶13 The totality of the circumstances provided Officer Furlano with reasonable suspicion to […]
Manipulation of Adult Jurisdiction over Juvenile Offense; Bail Jumping – Jurisdiction to Impose Conditions; Sanctions – Appellate Violations
State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply Manipulation of Adult Jurisdiction over Juvenile Offense When the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to […]
Interrogation Request for Counsel – Re-Initiation by Suspect; Assertion-Waiver, Right to Silence
State v. Robert Allen, Jr., 2009AP2596-CR , District 1, 9/14/10 court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply Interrogation Request for Counsel – Re-Initiation by Suspect Allen’s invocation of right to counsel terminated his interrogation, but he immediately re-initiated communication with the police by asking “what’s going on”: ¶15 “Even […]
State v. David J. Balliette, 2009AP472, Wis SCT rev grant, 8/31/10
decision below: summary order (not posted); case information here; prior appeal: 2001AP2527-CR; for Balliette: Steven D. Grunder, SPD, Madison Appellate Issue (from AG’s petition for review): Is an evidentiary hearing into the effectiveness of post-conviction counsel required in every case where the § 974.06 motion merely makes the conclusory allegation that post-conviction counsel was ineffective for […]
Mandamus – Generally; John Doe Procedure – Generally – Judicial Screening; Statutory Construction
Hakim Naseer v. Circuit Court for Grant County, 2010 WI App 142; pro se Mandamus – Generally ¶4 A supervisory writ of mandamus is a mechanism by which a court may compel a public official to perform a legally obligated act. State ex rel. Robins v. Madden, 2009 WI 46, ¶10, 317 Wis. 2d 364, 766 N.W.2d 542. Because a supervisory […]
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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.