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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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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.
Melissa S. v. Edward T. K., 2009AP2354, Dist IV, 1/14/20
court of appeals decision (1-judge; ineligible for publication) TPR – Uniform Child Custody Jurisdiction and Enforcement Act “Wis. Stat. § 822.23 does not require a court to dismiss a custody action as soon as it discovers that another state had entered a custody order for the child when the action was commenced in this state. It […]
State v. Rene L. Fortun, 2010 WI App 32
court of appeals decision; for Fortun: Todd E. Schroeder AG’s BiC; Resp Br; Reply Forgery, § 943.38(1) – Altered Prescription Altering the number of pills on a prescription and presenting the altered document to a pharmacist comes within the forgery statute, § 943.38(1).
Village of Butler v. Levarn Clay, 2009AP1763, Dist II, 1/13/10
court of appeals decision (1-judge; ineligible for publication) Sanctions – Defendant’s Failure to Appear – Default Judgment Court not empowered to enter default judgment in civil claim where defendant appears by counsel but not in person; odd discussion of “puerile” “tactic of some traffic defense lawyers to make the government prove identity without the defendant […]
State v. Mary B. Schaetzer, 2009AP1796-CR, Dist II, 1/13/10
court of appeals decision (1-judge; not eligible for publication) Traffic Stop Reasonable suspicion to stop vehicle for violating § 346.31(2), right hand turns to be made close as practicable to right-hand edge curb or highway.
State v. Thomas Q. Ruby, 2008AP2277-CR, Dist II, 1/13/10
court of appeals decision (3-judge; not recommended for publication) Guilty Plea – Hearing on Motion to Withdraw Ruby satisfied burden of production, therefore was entitled to postconviction hearing, on plea-withdrawal due to ignorance of elements and/or maximum penalty.
State v. Jeffrey A.W., 2010 WI App 29
court of appeals decision; for Jeffrey A.W.: Hans P. Koesser Resp Br; Reply Counsel – Adequacy of Investigation Attempt to demonstrate absence of herpes in defendant—an issue central to this sexual assault prosecution—was, although failure, not product of deficient performance, ¶12: There is no question that trial counsel’s investigation yielded the wrong information. But that […]
State v. Tom L. Garcia, 2010 WI App 26
court of appeals decision; for Garcia: Paul M. Ruby Resp Br Right to Testify – After-the-Fact Evidentiary Hearing Remedy for failure to conduct colloquy required by State v. Weed, 2003 WI 85, doesn’t automatically result in new trial but, rather, supports postconviction evidentiary hearing.
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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.