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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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Terry Frisk – House; Ineffective Assistance – Prejudice
State v. Jacquese Franklin Harrell, 2010 WI App 132; for Harrell: Michael S. Holzman; BiC; Resp.; Reply Terry Frisk – House The police had both reasonable suspicion that Harrell had committed a violent crime, and consent to be in his house to question him. Therefore, police inspection of a chair for possible weapons before allowing […]
Evidence – Daubert; Discovery – Witness Notes; Briefs – Argumentation and SCRs; Closing Argument – Failure to Object; Ineffective Assistance – Failure to Investigate; Newly Discovered Evidence
State v. Christopher D. Jones, 2010 WI App 133; for Jones: Amelia L. Bizzaro; for Amicus, Innocence Network: Jerome F. Buting; BiC; Resp.; Reply; Amicus Br. Evidence – Daubert – Bullet Traced to Particular Gun The court rejects “a blanket rule barring as a matter of course all testimony purporting to tie cartridge cases and […]
Jesse Friedman v. Rehal, 2nd Cir No. 08-0297, 8/16/10
2nd Circuit court of appeals decision Federal Habeas (28 U.S.C. § 2254) – Filing Deadline – Brady Claim The 2254 filing deadline is one year from the date the state-court conviction becomes “final,” subject to certain exceptions, including one which restarts the limitation period from “the date on which the factual predicate of the claim […]
Harmless Error; Jury View
State v. Jason M. Bruckbauer, 2009AP1823-CR, District 4, 8/19/10 court of appeals decision (3-judge, not recommended for publication); for Bruckbauer: Dennis Schertz; BiC; Resp.; Reply Harmless Error Any error in admission of a pretrial ID of Bruckbauer from a photo array was harmless, where: the challenged ID didn’t directly implicate him in the homicide but […]
TPR
State v. Jaquita B., 2010AP1215, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Jacquita B.: Jane S. Earle Termination of Jaquita’s parental rights to her two children upheld, where the record shows the trial court properly considered: the children’s likelihood of adoption; permanency of a sustaining care contract in preference to […]
Reasonable Suspicion – Traffic Stop; OWI – Habitual Offender – Collateral Attack
State v. Randall L. Wegener, 2010AP452-CR, District 1, 8/18/10 court of appeals decision (1-judge, not for publication); for Wegener: Kirk B. Obear; BiC; Resp. Reasonable Suspicion – Traffic Stop Inclement winter weather didn’t obviate the need to stay within the proper lane, such that crossing the center line, even briefly a few times, provided reasonable […]
TPR
Ozaukee Co. HSD v. Sarah H., 2010AP416, District 2, 8/18/10 court of appeals decision (3-judge, not recommended for publication); for Sarah H.: Paul G. LaZotte, SPD, Madison Appellate A CHIPS dispositional order placing a child with a local department and requiring that services be provided to child and family satisfies Sheboygan County DH&HS v. Tanya […]
Sentence – Factors – Exercise of Constitutional Right; Sentence – Effective Assistance of Counsel
State v. Sabian L. Yunck, 2009AP3020-CR, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Yunck: Byron C. Lichstein; BiC; Resp.; Reply Sentence – Factors – Exercise of Constitutional Right Convicted of violating a domestic abuse order forbidding contact with the mother of his child, Yunck argues that sentence was impermissibly based […]
Evidence – Recording – Best Evidence Rule
State v. John D. Harris, 2009AP3140-CR, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Harris: Byron C. Lichstein; BiC; Resp.; Reply Testimony of an investigator relating the contents of a recording wasn’t inadmissible under the best evidence rule, § 910.02. ¶11 Although the best evidence rule generally requires an original recording […]
Reasonable Suspicion – Terry Stop
State v. Robert Wendt, 2010AP75-CR, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Wendt: Kirk B. Obear; BiC; Resp. Reasonable suspicion supported temporary stop of driver of truck idling at 1:30 a.m. behind business in winter with it snow plow up. ¶16 Here, there were “specific and articulable facts,” as set […]
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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.