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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.
State v. Brian A. Oetzman, 2009AP2514-CR, District II, 6/9/10
court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply
Traffic Stop – U-Turn
¶8 As such, three rules of the road come into play.Under Wis. Stat. § 346.34(1), no person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Wis.
State v. John H. Townsend, 2008AP2031, District I, 6/8/10
court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br.
Assistance of Counsel – Plea-Withdrawal
Counsel’s failure to file pre-sentencing motion to withdraw plea wasn’t due to failure to investigate claimed newly discovered evidence, hence wasn’t ineffective: according to trial court findings of fact, counsel indeed considered the value of this evidence and moreover allowed Townsend himself to decide whether to file the motion,
County of Milwaukee v. Caleb L. Manske, 2009AP1779, District I, 6/8/10
court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply
Traffic Stop – Reasonable Suspicion
¶16 Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion is not whether all of the driver’s actions constituted erratic driving.
Brown Co. DHS v. Brenda B., No. 2010AP321, District III, 6/2/10; affirmed 2011 WI 6
court of appeals decision, affirmed 2011 WI 6; for Brenda: Leonard D. Kachinsky
TPR – Plea to Grounds
In taking a plea to TPR grounds, the court need not inform the parent of “sub-dispositions,” i.e., those which “pertain only to the effect on the child, addressing who will have guardianship and custody in the event the parent’s rights are terminated as a primary disposition,”
State v. Maceo W., No. 2009AP3098, District I, 6/2/10
court of appeals decision (1-judge; not for publication); for Maceo: Brian C. Findley
TPR – Assume-Responsibility Ground
Evidence sufficient to support verdict on § 48.451(6) ground of failure to assume parental responsibility for child born prematurely with significant medical needs:
¶30 The trial court accurately concluded that the evidence it outlined was sufficient to support the jury’s verdict that Maceo failed to assume parental responsibility of Jalacea.
Miranda Rights: Valid Waiver Though Preceded by 3 Hours’ Silence
Berghuis v. Thompkins, USSC No. 08-1470, 6/1/10
Thompkins’ acknowledgment that he prayed for God’s forgiveness for the shooting was admissible as valid waiver of Miranda rights, despite being preceded by nearly 3 hours of silence during custodial interrogation. Rights must be invoked unequivocally, or not at all:
The Court has not yet stated whether an invocation of the right to remain silent can be ambiguous or equivocal, but there is no principled reason to adopt different standards for determining when an accused has invoked the Miranda right to remain silent and the Miranda right to counsel at issue in Davis.
Federal Sex Offender Registration Act (SORNA): Construction, Effective Date
Carr v. U.S., USSC No. 08-1301, 6/1/10
… the Act established a federal criminal offense covering, inter alia, any person who (1) “is required to register under [SORNA],” (2) “travels in interstate or foreign commerce,” and (3) “knowingly fails to register or update a registration.” 18 U. S. C. §2250(a). At issue in this case is whether §2250 applies to sex offenders whose interstate travel occurred prior to SORNA’s effective date and,
Order on Judicial Disqualification in: State v. Dimitri Henley, 2008AP697, 5/24/10
The underlying question is whether Justice Roggensack “previously handled” Henley’s earlier appeal when she was a court of appeals judge; if so, then by statute she must be disqualified from participating in his now-pending appeal. She declined to disqualify herself in a memorandum decision, 2010 WI 12. Further background, here. And here, especially with respect to State v.
Counsel – Ethically Deficient Performance
OLR v. Joan M. Boyd, 2010 WI 41
Various derelictions warrant 12-month license suspension, consecutive to already-imposed suspensions. The Counts include various failures to act competently and to keep her client reasonably informed in a number of postconviction actions. In one instance, lack of diligence led to loss of the federal habeas statute of limitations, ¶8; and in another, to a lost state appellate deadline, ¶11. Another count, of potential interest,
State v. Shane R. Heindl, No. 2009AP2534-CR, District IV, 5/27/10
court of appeals decision (1-judge; not for publication); for Heindl: Lisa A. McDougal; BiC; Resp.; Reply
Jury Instructions – Self-Defense
Trial for battery, which the State theorized occurred when Heindl put Lien in a headlock from behind. Heindl himself suffered scratches and swelling about an eye, but was seriously drunk and had difficulty giving a coherent account to the police. He did not testify,
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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.