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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. Donovan M. Burris, 2009AP956-CR, Dist I, 1/26/10, Wis SCt review granted 9/21/10
court of appeals decision (not recommended for publication), reversed, 2011 WI 32; for Burris: Byron C. Lichstein; BiC; Resp.; Reply
Answer to Jury Question – Misleading Definition of “Utter Disregard”
Trial court answer to jury question misleading as to whether jury could consider post-shooting conduct as bearing on “utter disregard” element, entitling Burris to new trial.
State v. Roosevelt M. Williams, 2009AP205-CR, Dist I, 1/26/10
court of appeals decision (not recommended for publication)
Closing Argument – Arbitrary Time Limit
30-minute time limit on defense closing upheld, ¶¶20-24. Moreover, majority not persuaded that closing counsel never had opportunity to make would have persuaded jury, ¶25-26. Judge Fine dissents, stressing significance to trial process of closing argument, ¶¶27-32.
State v. Jesse Becerra, 2009AP600-CR, Dist I, 1/20/10
court of appeals decision (not recommended for publication)
Kidnapping – “Held to Service against Will”
“Held to service against will” element of kidnapping satisfied by “commands for information,” namely “interrogating [victim] as to where she was during the evening and who she was with,” ¶24.
State v. Eric D. Genge, 2009AP1379-CR, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Probation Extension, Unpaid Restitution
Probation properly “extended to get more substantial payments towards his restitution obligation”; caselaw prohibition on “debt collection” extensions limited to where record “teeming with substantial reasons not to extend”; extension here served salutary purpose of allowing Genge to seek PTSD treatment.
State v. Jerry L. Miller, 2009AP1509-CR, Dist I, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Statement against Interest, Exculpating Defendant
Against-interest statement exculpating defendant admissible. Declarant unavailable, given reasonable but unsuccessful efforts to subpoena. Contrary to trial court, statement not ambiguous but was direct admission of crime and corroborated by having been made to different people on different occasions.
Fond du Lac Co. v. Jennifer E. Bailey, 2009AP 1789-FT, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Traffic Stop – Crossing Center Line
Probable cause to stop for crossing center line, even if momentary and even if driving otherwise flawless.
State v. Bradley J. Tadych, 2009AP1911-CR, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
OWI – Probable Cause for PBT
Probable cause to administer PBT: rollover accident, odor of intoxicant, Tadych acknowledged drinking; also, PBT result admissible to establish probable cause to arrest.
State v. Robert H., 2009AP1975, Dist III 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Delinquency Petition – Time Limit
Time limit for filing petition continues running during gap between date intake worker requests petition and date request actually filed with DA’s office, therefore this petition untimely; on remand trial court is to determine “proper remedy,” which may be dismissal, but not necessarily.
State v. Stanley W. Puchacz, 2010 WI App 30
court of appeals decision; for Puchacz: William M. Hayes
Resp Br
OWI Enhancer, § 346.65(2) – Out-of-State Conviction
Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13.
Traffic Stop – Deviating from Center Line, § 346.05
Crossing center line,
County of Grant v. Kaleena E. Collins, 2009AP 2469-FT, Dist IV, 1/14/20
court of appeals decision (1-judge; ineligible for publication)
Vehicle Stop – Rear Plate State Name Obscured
Stop OK where rear plate bracket obscured name of state.
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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.