On Point

State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶33      We note at the outset that Officer Hahn testified he did not place Pickering under arrest until after he had performed searches of the eyeglass case and Denk’s clothing. This fact does not alter our analysis. In State […]

State v. Dwight M. Sanders, 2008 WI 85, affirming as modified, 2007 WI App 174 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶35      Accepting for the moment the State’s position that articulable facts exist to demonstrate that the officer had reasonable suspicion that other persons may be lurking in the defendant’s bedroom who would pose […]

State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 For Popenhagen: James B. Connell Issue/Holding: ¶62 …[E]vidence obtained in violation of a statute (or not in accordance with the statute) may be suppressed under the statute to achieve the objectives of the statute, even though the statute does not expressly provide for the […]

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue: The present convictions stemmed from Jorgensen showing up for an otherwise unrelated hearing intoxicated; without objection, the prosecutor obtained admission of that hearing’s transcript, which the trial court read to the jury: is Jorgensen entitled […]

State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: Where a charge dismissed by the plea bargain arguably lacks factual basis, but the defendant receives the full benefit of the plea agreement as to the counts of conviction, an argument in favor of plea-withdrawal on […]

State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding: ¶20      Principles applicable to polygraph testing are equally applicable to voice stress analysis. See Wis. Stat. § 905.065(1); 7 Daniel D. Blinka,Wisconsin Evidence § 5065.1 (2d ed. 2001) (concluding that there is little reason to treat the forms of honesty testing mentioned in § 905.065 differently, “at least […]

State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue: Whether, for a guilty plea to be “knowing and intelligent,” the defendant must be aware that a read-in is deemed an admission for sentencing purposes. Holding: ¶3   We conclude that the record clearly demonstrates that neither the State, […]

State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue: Whether a guilty plea colloquy must include an explicit warning that the defendant’s agreement to read in a dismissed charge will be deemed an admission of that charge for sentencing purposes. Holding: ¶5   Although the case law on […]

State v. Douglas J. Plude,  2008 WI 58 reversing unpublished decision For Plude: Stephen D. Willett Issue/Holding: ¶36 We conclude that in a trial rife with conflicting and inconclusive medical expert testimony about a case the circuit court observed was based on “circumstantial evidence,” there exists a reasonable probability that, had the jury discovered that Shaibani lied about […]

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue: The present convictions stemmed from Jorgensen showing up for an otherwise unrelated hearing intoxicated; without objection, the prosecutor obtained admission of that hearing’s transcript, which the trial court read to the jury: is Jorgensen entitled […]