On Point

Warrantless entry of residence; protective sweep Click here for court of appeals decision  Defense counsel: Robert E. Haney  Issue/Holding: Warrantless entry of residence is supported when the State demonstrates both probable cause and exigent circumstances, ¶7. Exigent circumstances include: (1) hot pursuit of suspect; (2) threat to someone’s safety; (3) risk of evidence destruction; and […]

Scope of review on certification; open records appeals Click here for supreme court decision      Click here for certification Issue/Holding:  ¶3        …  In this court’s standard order accepting the certification, we stated that “the appeal is accepted for consideration of all issues raised before the court of appeals.” See State v. Stoehr, 134 Wis. 2d 66, […]

Guilty plea waiver; detainers Click here for court of appeals decision  Defense counsel: Susan E. Alesia, SPD, Madison Appellate  Issue/Holding:    ¶6        Waiver. Before addressing the merits, the State argues that Tarrant’s no contest plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Multaler, 2002 WI 35, ¶54, 252 Wis. 2d 54, […]

State v. Jennifer L. Ward, 2009 WI 60, affirming unpublished opinion For Ward: T. Christopher Kelly Issue/Holding: Taken individually and collectively, Ward’s 3 statements were voluntary, weighing personal characteristics against police conduct. Personal characteristics, ¶23. Ward was: “relatively sophisticated and intelligent”; 35 years old; a high school graduate; prior conviction; the daughter of a police chief. Her “unprompted […]

State v. Mark H. Tody, 2009 WI 31, reversing unpublished opinion For Tody: Byron C. Lichstein, UW Law School Issue/Holding: ¶32      … The correct principle of law that should have guided the circuit court judge is that a circuit court judge should err on the side of dismissing a challenged juror when the challenged juror’s presence may […]

State v. Marchand Grady, 2009 WI 47, affirming summary order For Grady: Carl W. Chessir Issue: Whether administration of Miranda rights in a noncustodial setting obviated the need for re-administration of rights when the interview became custodial about 2 and one-half hours later. Holding: ¶15      Grady advances a creative, but not heretofore unheard of argument. He asks us […]

Robert Zellner v. Herrick, et al., 2009 WI 80, on certification Issue/Holding: ¶3        …  In this court’s standard order accepting the certification, we stated that “the appeal is accepted for consideration of all issues raised before the court of appeals.” See State v. Stoehr, 134 Wis. 2d 66, 70, 396 N.W.2d 177 (1986) (“When this […]

State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶59      Fernandez additionally argues that the lack of advance written notice of the Dalka and CNR claims violated his due process rights. In response, the State contends that Fernandez’s due process rights were protected by […]

State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶61      Fernandez says the court erred by ordering full restitution to two insurance companies because a court is authorized to do so only where justice requires. Fernandez says that justice does not require a man […]

 State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion For Long: Joseph L. Sommers Issue/Holding: ¶43 Long did not advance this statutory interpretation argument at the circuit court or at the court of appeals. Normally, under such circumstances, we would conclude that an issue neither raised nor […]