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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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State v. Troy Edward Lang, 2009AP2087-CR, District 1, 8/10/10
court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply Search Warrant – Probable Cause Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause […]
Recusal – Waiver; Guilty Plea – Factual Basis – Sexual Intercourse with Child
State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); pro se Recusal – Waiver ¶10 Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case. […]
Traffic Stop – Tail Lamp Violation
State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply ¶11 WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless […]
Restitution – Settlement Agreement
State v. Theresa E. Palubicki, No. 2010AP555-CR, District 3 court of appeals decision (1-judge, not for publication); for Palubicki: Michael D. Petersen; BiC; Resp.; Reply The burden of proving setoff rests with the defendant. Although Palubicki reached a settlement agreement with the hit-and-run victim, she did not meet her burden of proving that the agreement covered […]
Court of Appeals Publication Orders, 7/10
publication orders, 7/28/10 On Point posts from this list: 2010 WI App 93 State v. Timothy Charles Bauer
Field Sobriety Testing
State v. Eric Michael Webley, No. 2010AP747-CR, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); for Webley: Steven Cohen; BiC; Resp. The police had reasonable suspicion believe Webley was driving with a blood alcohol level exceeding 0.02, and thus to perform field sobriety tests, after an indisputably proper stop for speeding, given […]
Traffic Stop – Lane Violation
State v. Kevin A. Rhyne, No. 2009AP163, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); pro se; Resp. Br. ¶7 “An officer may conduct a traffic stop when he or she has probable cause to believe a traffic violation has occurred.” State v. Popke, 2009 WI 37, ¶13, 317 Wis. 2d 118, […]
TPR – Evidence; Hearsay; Effective assistance
Dane Co. DHS v. Laura E.N., No. 2010AP1172, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); for Laura E.N.: Jean K. Capriotti TPR – Evidence Evidence that the mother was caring for an infant son not under CHIPS order wasn’t relevant to her ability to meet conditions for the return of her […]
State v. Chad W. Voeller, No. 2009AP001596-CR, District II, 7/28/10
court of appeals decision (3-judge, not recommended for publication); for Voeller: Steven G. Richards; BiC; Resp.; Reply Counsel – Sanction – Appendix ¶9 n. 3: Contrary to the State’s certification, the appendix does not include the trial court’s findings or opinion. The transcript of the oral findings and opinion should have been included in the […]
State v. Brian T. St. Martin, No. 2009AP1209-CR, District II, 7/28/10, review granted 10/27/10
certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; Resp.; Reply Consent to Search – Georgia v. Randolph The court of appeals certifies to the supreme court the following question: Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search […]
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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.