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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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Post-Appeal Interest-of-Justice Litigation
State v. Dimitri Henley, 2010 WI 97, on certification; prior history: unpublished decision; related: disqualification litigation; for Henley: Keith A. Findley, John A. Pray, Byron Lichstein; Amicus: SPD “Wisconsin circuit courts do not have the inherent authority to order a new trial in the interest of justice when a case is not before the court […]
Statute of Limitations – § 939.74(3) – Constitutionality; Pre-Charge Delay; Effective Assistance of Counsel – Investigation
Donald J. McGuire, 2010 WI 91, affirming unpublished decision; for McGuire: Robert R. Henak; BiC; Resp.; Reply Statute of Limitations – § 939.74(3) – Constitutionality Under § 939.74(3), the statute of limitations is tolled during “the time during which the actor was not publicly a resident within this state.” McGuire wasn’t a Wisconsin resident, but […]
Search Warrant – GPS Tracking Device
State v. Michael A. Sveum, 2010 WI 92, affirming 2009 WI App 81; for Sveum: Dean A. Strang, Marcus J. Berghahn; BiC; Resp.; Reply; Amicus (ACLU); Resp. to Amicus A circuit court “order” authorizing law enforcement to place and monitor a GPS tracking device on Sveum’s vehicle satisfied 4th amendment Warrant Clause (all warrants must be […]
Reverse Waiver, §§ 938.183(1), 970.032(1) & (2); Comment on Truthfulness; Self-Incrimination – Waiver – Examination by Expert
State v. Corey Kleser, 2010 WI 88, affirming in part, reversing in part, 2009 WI App 43; for Kleser: Devon M. Lee, SPD, Madison Appellate; BiC; Resp.; Reply Reverse Waiver, §§ 938.183(1), 970.032(1) & (2) – Generally ¶69 Nothing in § 970.032(2) places a limitation on the evidence at a reverse waiver hearing so long as the […]
Exclusionary Rule – Good-Faith Rule – Void ab initio Warrant
State v. Michael R. Hess, 2010 WI 82 affirming 2009 WI App 105; for Hess: George M. Tauscheck; BiC; Resp.; Reply Exclusionary Rule – Good-Faith Rule – Void ab initio Warrant ¶2 We conclude that the good-faith exception to the exclusionary rule does not apply to a situation in which: (1) no facts existed that would […]
Guilty Pleas – Collateral Consequence – Federal Gun Ban
State v. Kurt D. Neis, No. 2009AP1287-CR, District IV, 7/15/10 court of appeals decision (1-judge, not for publication); for Neis: Jacquelyn L. Wolter; BiC; Resp.; Supp. Resp. Guilty Pleas – Collateral Consequence – Federal Gun Ban Although Neis’s guilty plea to disorderly conduct, § 947.01, subjected him to the automatic federal firearm ban given the circuit […]
Serial Litigation Bar and No-Merit Procedure
State v. Aaron A. Allen, 2010 WI 89, affirming unpublished decision; for Allen: Robert R. Henak; BiC; Resp.; Reply ¶4 We conclude, following Wis. Stat. § 974.06, that a defendant is not required to file a response to a no-merit report. This means he is not required to raise issues in response to a […]
State v. David A. Dearborn, 2010 WI 84
Wisconsin supreme court decision, affirming 2008 WI App 131; for Dearborn: Eileen A. Hirsch,SPD, Madison Appellate; BiC; Resp.; Reply Search-Incident – Good-Faith Reliance on Judicial Precedent ¶2 Dearborn maintains, and the State concedes, that in the wake of the United States Supreme Court’s ruling in Arizona v. Gant, 556 U.S. ___, 129 S. Ct. 1710 (2009), the search […]
Warrantless Entry – Consent – Attenuation of Taint
State v. Robert L. Artic, Sr., 2010 WI 83, affirming 2009 WI App 12; for Artic: Keith A. Findley, James D. Cooley; BiC; Resp.; Reply Notwithstanding an unlawful, forcible police entry into his residence, Artic voluntarily consented to the subsequent search of the house, which was also sufficiently attenuated from the illegal entry to purge […]
Warrantless Entry – Exigent Circumstances
State v. Terion Lamar Robinson, 2010 WI 80, affirming 2009 WI App 97; for Robinson: Melinda A. Swartz, SPD, Milwaukee Appellate; BiC; Resp.; Reply ¶2 The dispositive issue in this case is whether the police officers’ warrantless entry into Robinson’s apartment and subsequent search was supported by probable cause and justified by exigent circumstances when the […]
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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.