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On Point

Explore in-depth analysis

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.

Important posts

COA reverses order excluding other acts evidence, holds that greater latitude rule weakens holding of Alsteen
In HUGE defense win, COA emphasizes that obtaining an involuntary med order is no walk in the park for the State
SCOTUS tempers pro-gun 2nd Amendment precedent; holds States may disarm a citizen who poses "a clear threat of physical violence to another"
D3 affirms denial of plea withdrawal claim under Cross' "higher, but not substantially higher" rule
Defense Win! Defendant seized without reasonable suspicion during police encounter in parking lot

Ahead in SCOW

June 25: Petitions Conference

Seizure of Person: Some Restraint Necessary; Reasonable Suspicion: Stop of Car: No Front Plate – “Frisk” of Car

State v. Leneral Louis Williams, 2010 WI App 39; for Williams: Richard L. Zaffiro; Resp Br.; Reply Br. Seizure – Some Restraint Necessary ¶16      The Fourth Amendment is not implicated until there has been a seizure. The Court in Terry described a seizure as “whenever a police officer accosts an individual and restrains his [or her] freedom to walk […]

Counsel – Ineffective Assistance (Pre-2010 Caselaw)

Failure to Object/Seek Admissibility; Guilty Pleas/Plea Bargains; Jury Instructions; Jury Selection; Sentencing; Prejudice; Litigating IAC Claims; IAC and Interest of Justice; Sanctions; Malpractice Claim

Appellate Procedure – Standard of Review – Burden of Proof (pre-2010 Caselaw)

Go: here.

Appellate Procedure – Standard of Review – Civil Commitments (Tuberculosis; NGI; SVP) (pre-2010 Caselaw)

Go: here.

Appellate Procedure – Standard of Review – Certiorari (pre-2010 Caselaw)

Go: here.

Appellate Procedure – Standard of Review – Competency of Court (pre-2010 Caselaw)

Go: here.

Appellate Procedure – Standard of Review – Confrontation (pre-2010 Caselaw)

Go: here.

Appellate Procedure – Standard of Review – Counsel-Related (Waiver; IAC) (pre-2010 Caselaw)

Go: here.

Appellate Procedure – Standard of Review – Discovery (pre-2010 Caselaw)

Go: here.

Appellate Procedure – Standard of Review – Double Jeopardy (pre-2010 Caselaw)

Go: here.

On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].

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.