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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.
Community Caretaker – Warrantless Entry
State v. Juiquin A. Pinkard, 2010 WI 81, affirming unpublished decision; for Pinkard: Richard L. Zaffiro; BiC; Resp.; Reply
The community caretaker function, which allows the police “to protect persons and property,” supports warrantless entry of a home. Exercising this function, the police justifiably entered Pinkard’s home in response to an anonymous phone report that “two individuals …
State v. Joshua M. Franzen, 2010AP129-CR, District II, 7/14/10
court of appeals decision (1-judge, not for publication); for Franzen: Timothy J. Lennon; BiC; Resp.; Reply
Suppression Hearing – Pleading Requirements for Evidentiary Hearing
Suppression hearing isn’t required on motion which challenged probable cause to administer PBT but failed to specify the relief sought.
¶6 WISCONSIN STAT. § 971.30 deals with the required form of motions and pleadings in criminal matters,
Appeal from expired original commitment dismissed as moot
Manitowoc Co. HSD v. Tammy L.C., No. 2010AP118, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Tammy L.C.: Matthew S. Pinix
Mootness – Discharge from Civil Commitment
Appeal of commitment order is dismissed as moot where appellant has been discharged and no extension sought.
Mootness raises a question of policy, not jurisdiction, and the court dismissed the appeal only after satisfying itself that the underlying issue isn’t recurrent but,
Traffic Stop – OWI
State v. Brittany A. Meye, No. 2010AP336-CR, District II, 7/14/10
court of appeals decision (1-judge, not for publication); for Meye: Kevin G. Keane; BiC; Resp.; Reply
¶6 Meye argues that the odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop. We agree. We will not cite, chapter and verse, all the many cases in this state where either we or our supreme court found facts sufficient for an investigatory stop.
Sentence Credit – Concurrent Sentence, Foreign Jurisdiction
State v. Patrick C. Carter, 2010 WI 77, affirming as modified, 2007 WI App 255; for Carter: Ellen Henak, SPD, Milwaukee Appellate
Carter is entitled to sentence credit for time spent in custody in Illinois following his arrest on an outstanding Wisconsin warrant along with an Illinois charge, given that the resultant sentences were concurrent.
Five different opinions, 238 paragraphs spread out over 116 pages (pdf file),
Binding Authority – Overruled Court of Appeals Decision
Blum v. 1st Auto & Casualty Insurance Company, 2010 WI 78
¶42 We next address whether a court of appeals decision retains any precedential value when it is overruled by this court. We hold that when the supreme court overrules a court of appeals decision, the court of appeals decision no longer possesses any precedential value, unless this court expressly states otherwise.
A less obscure problem than you might think.
Sentencing – Review – Reliance on Race or Gender
State v. Landray M. Harris, 2010 WI 79, reversing unpublished decision; for Harris: Michael K. Gould, SPD, Milwaukee Appellate; Resp. Br.; Reply; Amicus
¶3 We agree with the State and reject the reasonable observer test created by the court of appeals. Sentencing decisions are afforded a presumption of reasonability consistent with Wisconsin’s strong public policy against interference with a circuit court’s discretion.
U.S. v. Skoien, 7th Cir No. 08-3770, 7/13/10
7th circuit court of appeals decision (en banc)
Second Amendment – Categorical Ban on Possession
Categorical legislative bans on gun possession are permissible under the second amendment, including those for convictions of misdemeanor crimes of domestic violence per 18 U.S.C. § 922(g)(9), which the court now upholds.
District of Columbia v. Heller, 128 S. Ct. 2783 (2008) and McDonald v. Chicago,
James Collins v. Gaetz, 7th Cir No. 09-2212, 7/13/10
7th circuit court of appeals decision
Habeas – Miranda Waiver
Viewed through the deferential lens of 2254 habeas review, a state court finding that the severely mentally impaired Collins knowingly and intelligently waived his Miranda rights an incriminatory statement was not unreasonable.
Collins had a Wechsler-scale IQ in the low- to mid-60s, exacerbated by a brain aneurysm that damaged his frontal lobes and left him with a language disorder.
Alford Plea
State v. Lyle A. Lay, No. 2010AP81-CR, District III, 7/13/10
court of appeals decision (1-judge; not for publication); for Lay: Timothy A, Provis; BiC; Resp.; Reply
An Alford plea may be one of “no contest” as well as “guilty”:
¶8 Lay is mistaken that an Alford plea cannot be entered within the context of pleading no contest.
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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.