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.
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court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp.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 of his cab “and get it.” Kubat accepted the invitation and brought his tire knocker along as his own guest.
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court of appeals decision (1-judge, not for publication); for Hoehen: Bill Ginsberg; BiC; Resp.; Reply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,
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court of appeals decision (1-judge, not for publication); for Pudlow: Rick Niemeier, Maggie Premo; BiC; Resp.; Reply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 justify an investigative stop of the vehicle in order to investigate Pudlow’s driving behavior,
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 manipualte the system to avoid juvenile court jurisdiction,
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court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply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 after a suspect in custody asks to speak with a lawyer,
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 not raising additional challenges to the effectiveness of trial counsel on direct review?
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 writ “invokes our supervisory authority,
Expert Witness Qualifications; Admissibility – Field Sobriety Tests; WI (Drugs) – Sufficiency of Evidence
City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10
court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply
Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs
The trial court didn’t erroneously exercise discretion in qualifying as an expert, the supervisor of forensic toxicology at the Wisconsin State Laboratory of Hygiene on the matter of how certain drugs interact and impair judgment,
Arrest – Probable Cause – OWI
County of Washington v. Michael D. Brazee, 2010AP687, District 2, 9/8/10
court of appeals decision (1-judge, not for publication); for Brazee: Walter Arthur Piel, Jr.; BiC; Resp.; Reply
Probable cause to arrest found notwithstanding absence of PBT, given erratic driving, admission of drinking 8-10 beers, and failed field sobriety test performance:
¶17 Brazee seems to be asserting that under Renz I and Renz II,
Joseph Stock v. Gaetz, 7th Cir. No. 09-2560, 09/03/2010
Habeas – Limits on Cros-Examination
State court limitation on impeachment of a witness — so as to exclude that portion of a pre-trial conversation containing the defendant’s “self-serving,” thus inadmissible hearsay, statement — wasn’t an unreasonable application of controlling caselaw.
Determination of whether “state interests, including those reflected in the state’s evidentiary rules, may need to bend in order to ensure that defendants have the right to confront the witnesses against them …
Important Posts
Ahead in SCOW
Sign up
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.