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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.
Wtits – Certiorari – Inmate Complaint – Limitation on Discovery
State ex rel. David C. Myers v. Smith, 2009 WI App 49 Pro se Issue/Holding: Inmate may not utilize discovery to bypass security-based restrictions on access to banned material such as pornography: ¶16 Inmates must not be allowed to evade security restrictions by simply filing suit or petitioning for writ of certiorari and obtaining prohibited […]
Sentence – Consecutive Terms – Exercise of Discretion, Generally
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: The sentencing court need not state separately why it chooses consecutive rather than concurrent terms; rather, this determination is made by considering the same factors as inform sentence length, ¶¶45-46.
Sentence – Review – Exercise of Discretion, Generally
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Sentence was based on proper exercise of discretion, including gravity of offense and defendant’s character and “long-term treatment needs,” ¶¶38-44.
Sentencing Review – Factors – Proof: Prior Acquittal
State v. Anthony L. Prineas, 2009 WI App 28 For Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: The sentencing court properly considered a count for which Prineas was acquitted, as well as uncharged, “sexually inappropriate behavior,” ¶28, citing State v. David Arredondo, 2004 WI App 7.
Sentencing Review – Factors – Seriousness of Offense – Weight Left to Trial Court
State v. Corey E. Young, 2009 WI App 22, PFR filed 1/7/09 For Young: Jeffrey W. Jensen Issue/Holding: The trial court, in sentencing for first-degree intentional homicide, sufficiently explained why it was assigning extended supervision eligibility of 50 years’ confinement (rather than the 40 recommended by the State). Weight given each sentencing factor is committed to the […]
Counsel – Ineffective Assistance – Deficient Performance: Lack of Familiarity with Vienna Convention on Consular Relations
Johnbull K. Osagiede v. USA, 543 F.3d 399 (7th Cir 2009) Issue/Holding: Counsel’s ignorance of rights available, under VCCR Art. 36, to her Nigerian national client was deficient: Osagiede’s claim is a common one in Sixth Amendment cases. In essence, Osagiede argues that his lawyer should have been aware of his legal rights under Article 36 and […]
Substitution of (Retained Counsel), Contingent on Continuance
State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: Trial court refusal to allow Prineas to substitute one retained counsel for another absent “an extraordinary reason,” where substitution would necessitate continuance of the scheduled trial over objection of the complainant and her family, upheld […]
Choice of (Retained Counsel), Generally
State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: ¶14 In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), the U.S. Supreme Court explained that the right to counsel derived from the Sixth Amendment includes “the right of a defendant who does not require […]
Defense of Self, § 939.48(1) – Violent Acts of Victim – Generally
State v. Jason L. McClaren, 2009 WI 60, reversing 2008 WI App 118 For McClaren: Michael C. Witt Issue/Holding: ¶21 It is well established that a defendant seeking to support a self-defense claim may attempt to “prov[e] prior specific instances of violence within [the defendant’s] knowledge at the time of the incident.” State v. Wenger, […]
Hit-and-Run – §§ 346.67(1) and 346.74(5)(b), Hit and Run Causing Personal injury – Felony Rather Than Misdemeanor
State v. Ross M. Brandt, 2009 WI App 115 For Brandt: John M. Yackel Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony. Obviously, this result is going to make life more difficult for hit-run representation, for the obvious […]
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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.