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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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Aris Etherly v. Davis, 7th Cir. No. 09-3535, 08/25/2010
7th Cir. decision; Order denying rehearing and amending opinion, 10/10/15 Habeas – Voluntary Statement – Juvenile State court determination that juvenile’s custodial statement to police was voluntary wasn’t objectively unreasonable., notwithstanding his age (15), borderline intellectual functioning and lack of criminal background. “(I)t is the totality of the circumstances underlying a juvenile confession, rather than […]
Incest – Sufficiency of Evidence
State v. Nick J. W., 2009AP2030-CR, District 4, 8/26/10 court of appeals decision (3-judge, not recommended for publication); for Nick J.W.: Joseph L. Sommers; BiC; Resp.; Reply Incest – Sufficiency of Evidence The 16-year-old complainant’s testimony that her biological father had sex with her sufficed to prove the crime of incest, the court rejecting the […]
In Camera Inspection, Shiffra/Green Material
State v. Donovan L. Lewis, 2009AP2531-CR, District 4, 8/26/10 court of appeals decision (3-judge, not recommended for publication); for Lewis: Shelley Fite, SPD, Madison Appellate; BiC; Resp.; Reply Defense access to a complainant’s privileged counseling records requires first convincing the trial court to conduct an in camera inspection to see if the records contain information […]
PAC – Burden of Proof
State v. David E. Steinke, 2009AP3207-CR, District 4, 8/26/10 court of appeals decision (1-judge, not for publication); for Steinke: Cody Wagner; BiC; Resp.; Reply Driving with a prohibited alcohol content of .08 or more, second offense, is a crime and therefore subject to beyond-reasonable-doubt burden of proof. Sitting as trier of fact in a bench […]
TPR – Harmless Error
Waukesha County DH&HS v. Michelle P., 2009AP1087, District 2, 8/25/10 court of appeals decision (1-judge, not for publication); for Michelle P.: Eileen A. Hirsch, SPD , Madison Appellate Authority of the local department to suspend visitation without judicial approval is an “interesting” issue, but one that need not be reached under these facts because the […]
Court of Appeals Publication Orders, 8/10
court of appeals publication orders, 8/25/10 On Point posts from this list: 2010 WI App 103 State v. Walter Allison, Jr. 2010 WI App 104 State v. Esteban M. Gonzalez 2010 WI App 107 State v. Tarence A. Banks 2010 WI App 113 State v. Wendy A. Brown 2010 WI App 114 Titus Henderson v. […]
TPR- Ineffective Assistance – Change of Placement, Warnings; Disposition, Exercise of Discretion
State v. Jesenia R., 2009AP2906, District 1, 8/24/10 court of appeals decision (1-judge, not for publication); for Jesenia R.: Mary D. Scholle, SPD, Milwaukee Appellate No prejudice resulted from counsel’s failure to object to violation of the change-of-placement notice requirement in § 48.357. ¶¶15-16. The background is a bit fact-intensive. Roughly: The child (Elizabeth) had […]
Disorderly Conduct – Sufficiency of Evidence
State v. Kurt D. Schmidt, 2010AP551-CR, District 3, 8/24/10 court of appeals decision (1-judge, not for publication); for Schmidt: Andrew John Laufers; BiC; Resp.; Reply Conviction for disorderly conduct was established by evidence that Schmidt, following a contentious divorce, left messages on his ex-wife’s answering machine cautioning her “to question (her) own personal assurance and […]
Reasonable Suspicion – Traffic Stop
County of Milwaukee v. Katherine R. Harmon, 2010AP297, District 1, 8/24/10 court of appeals decision (1-judge, not for publication); for Harmon: Basil M. Loeb; BiC; Resp. Traffic stop supported by reasonable suspicion of impaired driving based on: driving on lane-divider lines, crossing lane-divider by half-foot, and “jerkiness in … front steer tires.” The court notes […]
Recorded Confessions; Sentence Credit – Predisposition Secure Detention
State v. Dionicia M., 2010 WI App 134; for Dionicia M.: Andrew Hinkel, SPD Madison Appellate Recorded Confessions The juvenile was in custody when she was directed to the locked back seat of a patrol car so that she could be transported back to school after being reported truant; and, because it was feasible under […]
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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.