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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. 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court of appeals decision (3-judge; not recommended for publication)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 does not necessarily equate to deficient performance.
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.
Appellate Procedure – Standard of Review – Constitutionality of Statute (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Standing to Sue (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Claim/Issue Preclusion (pre-2010 Caselaw)
Go: here.
State v. Hezekiah Laster, Jr., 2009AP692-CR, Dist III, 1/12/10
court of appeals decision (not recommended for publication)
Arrest – Probable Cause
Arrest based on probable cause where drug informant identified photo of Laster as person he just bought drugs from.
State v. Jennifer Z., 2009AP846, Dist III, 1/12/10
court of appeals decision (1-judge; not for publication)
Delinquency – Venue
Delinquency venue is where the juvenile resides, § 938.185(1)(a), which is where the legal custodian establishes the child’s domicile; legal custodian of Jennifer Z. was Taylor Co. Human Services, therefore she resided in Taylor Co.
Ineffective Assistance of Counsel – Eliciting Incriminating Testimony
Counsel’s eliciting incriminating testimony, without tactical reason, leading to added count was ineffective.
Counsel: Failed but Adequate Investigation; Interest-of-Justice Review: Critical Evidence (Absence of Herpes) Not Heard by Jury
State v. Jeffrey A.W., 2010 WI App 29; for Jeffrey A.W.: Hans P. Koesser
Adequacy of Counsel Investigation
Counsel’s attempt to demonstrate the absence of herpes in the defendant—an issue central to this sexual assault prosecution—was, although a failure, not the product of deficient performance.
¶12 There is no question that trial counsel’s investigation yielded the wrong information. But that does not necessarily equate to deficient performance.
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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.