On Point

court of appeals decision (1-judge; not for publication); BiC; Resp. Br. Instructions – Unanimity Refusal to give unanimous verdict instruction re: continuing course of conduct (sexual assault) or mode of commission (ptac) upheld. Evidence – Defendant’s Peaceful Character Refusal to allow evidence of defendant’s peaceful character upheld, where the elements of the offense (4th degree […]

court of appeals decision (1-judge; not for publication); Resp. Br. Delinquency Failure to receive discovery until, but not prior to, plea hearing didn’t render latter a nullity; and, under § 938.01(1), the court must liberally construe the juvenile justice code: “Dakota has presented no reason, nor do we see any reason, why his best interest […]

State v. Tory L. Rachel, 2010 WI App 60; for Rachel: Donald T. Lang, SPD, Madison Appellate; BiC; Resp. Br.; Reply Br. SVP – Supervised Release Hearing: Burden of Proof on Petitioner Under revisions to § 980.08 wrought by 2005 Wis. Act 434 (eff. date 8/1/06), the burden of proof has been shifted from the […]

court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Suppressed Statement and Probable Cause ¶7        First, we will address the State’s argument that Kohel’s statement “[w]e just smoked an hour ago” was voluntary and should not be suppressed. The trial court found, and we agree, that Kohel’s statement was the […]

court of appeals decision (1-judge; not for publication) TPR Plea to grounds upheld, in light of trial court credibility determinations at post-termination evidentiary hearing, against claim Benny didn’t understand State’s burden of proof, 2-stage nature of TPR, or finding of unfitness as necessary consequence of plea.

State v. Robert A. Tomaszewski, 2010 WI App 51; for Tomazewski: Devon M. Lee, SPD, Madison Appellate; Resp. Br.; Reply Br. ¶6 n. 3: Tomaszewski argues this is not a case in which reasonable suspicion that he was violating a traffic law would justify the stop. In Tomaszewski’s view, a temporary detention may be justified by […]

State v. Karon M. Asmus, 2010 WI App 48; for Asmus: Donald C. Dudley Interstate Detainer Act claim is waived by guilty plea: ¶3        A guilty plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Kelty, 2006 WI 101, ¶18, 294 Wis. 2d 62, 716 N.W.2d 886. This rule applies even though the defendant […]

7th Circuit court of appeals decision Habeas – Procedural Bar Smith defaulted one claim by failing to raise it “in a full round of appellate review” in state court (i.e., he failed to include the issue in his request for Illinois supreme court review). He is unable to overcome the resultant bar on habeas review, […]

7th circuit court of appeals decision; habeas review of: Wis court of appeals decision, 03AP3252 Habeas – Supplement Record … Although we generally decline to supplement the record on appeal with materials not before the district court, we have not applied this position categorically. See, e.g., Ruvalcaba v. Chandler, 416 F.3d 555, 562 n.2 (7th Cir. 2005) (in habeas […]

State v. James W. Smith, 2010 WI 16, affirming 2009 WI App 16; for Smith: Shelley M. Fite, SPD, Madison Appellate The § 301.45 reporting requirement applicable to any violation of false imprisonment of a minor not the defendant’s child is rationally related to a legitimate government interest in protecting the public, particularly children, ¶¶27-36. Keep […]