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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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Notice of Appeal – Contents – Inconsequential Error
State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: ¶1 n. 1: Haywood’s notice of appeal mistakenly asserts that he also appeals “from … the postconviction motion dated December 2, 2008.” First, Haywood’s appeal is from the circuit court’s order denying his motion, not from the motion. Second, the […]
Notice of Appeal – Contents: Failure to Identify Appealable Document; Notice of Intent as Substitute
Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶ 2 n. 2: The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire & Marine Ins. Co., 169 Wis. […]
Notice of Appeal – Contents: Chs. 54 (Guardianship) and 55 (Protective Placement) = 3-Judge Panel – Default for Combined 1-Judge and 3-Judge Panel Appeal = 3-Judge
Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: Although a ch. 54 guardianship appeal is decided by a 3-judge and ch. 55 protective placement by a 1-judge panel, when the 2 were commenced and decided under a single trial court case number, the appeal […]
No-Merit Report – Counsel Appointed by Circuit Court Rather Than SPD
State v. Carl Davis Brown, Jr., 2009 WI App 169 For Brown: Paul G. Bonneson For SPD: Colleen D. Ball, Milwaukee Appellate Issue/Holding: ¶7 The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed by the state public […]
Postconviction Motions – § 974.06, Supports Sufficiency-of-Evidence Review
State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: Because sufficiency of evidence to sustain the conviction is a matter of constitutional dimension, it may be raised via § 974.06 motion, ¶¶25-30.The court’s discussion also indicates, at least implicitly, that the State v. Obea S. Hayes, 2004 WI 80 […]
Name Change, Judgment of Conviction – Based on Claim of Common Law Right to Change Name
State v. Jermaine Smith, 2009 WI App 104 Pro se Issue/Holding: ¶1 Jermaine Smith appeals from an order denying his “motion to amend his Judgment of Conviction to reflect his common law spiritual name,” which he states is “Marcolo Von Capoeira.” Because Smith’s motion fails to provide any support for his assertion that he used […]
Waiver of Issue, Generally – Authority to Review Despite Lack of Contemporaneous Objection
State v. Michael Lee Washington, 2009 WI App 148 For Washington: Christopher Lee Wiesmueller Issue/Holding: ¶1 n. 1: The State asserts that Washington is precluded from making this argument on appeal because he did not object when the prosecutor made his recommendation before the circuit court. Generally, the failure to object is a “dispositive infirmity.” […]
Sentence Credit – Concurrent Sentences: Each Must Be Analyzed Separately for “Connection,” Though Imposed at the Same Time
State v. Elandis D. Johnson, 2009 WI 57, affirming 2008 WI App 34 For Johnson: Meredith J. Ross, UW Law School Issue/Holding: ¶76 We conclude that Wis. Stat. § 973.155 imposes no requirement that credit applied toward one sentence also be applied toward a second sentence if the basis for applying the same credit to both sentences is […]
Restitution – “Victim” – Governmental Entity – School District
State v. Derick G. Vanbeek, 2009 WI App 37, PFR filed 3/13/09 For Vanbeek: Donald T. Lang, SPD, Madison Appellate Issue/Holding: On conviction for making a false bomb scare, § 947.015, Vanbeek is liable in restitution to the school district for salaries and benefits paid to teachers and staff during the resulting 4-hour evacuation, because the school district […]
Restitution – Time Limit: No Explicit Deadline, Court May Consider After Sentencing
State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶52 The State counters that there is no language in the statute that requires victim claims to be submitted before sentencing. The State also argues that where restitution was held open, there is no expectation […]
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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.