Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
Briefs – Factual Recitation – Need for Completeness, Accuracy
State v. Ellen T. Straehler, 2008 WI App 14 For Straehler: Daniel P. Fay Issue/Holding: ¶2 n. 4: We appreciate the attorney general’s thorough recitation of the facts and draw freely from it. Both the district attorney and the attorney general submitted response briefs and we refer to their position collectively as the State’s. Straehler’s […]
Briefs – Content – Tone: Ad Hominem
Bettendorf v. St. Croix County, 2008 WI App 97 Issue/Holding: An appellate “brief contain(ing) a collection of attacks against [opposing counsel] that are nothing more than unfounded, mean-spirited slurs” subjects its author to ethical sanction: ¶17 “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers […]
Right to Retained Postconviction Counsel of Choice
State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: A defendant has a 6th amendment-based right to retained postconviction counsel of choice: ¶9 The State correctly counters that Miller and Gonzalez-Lopez involved the right to counsel of choice at trial. Here, Peterson was postconviction, at a Machner proceeding. …¶10 Martinez […]
Knight Habeas Petition: Collateral Attack on Prior No-Merit Affirmance
State ex rel. Jarrad T. Panama v. Hepp, 2008 WI App 146 For Panama: Philip J. Brehm Issue/Holding: Panama’s collateral attack on a sentence previously affirmed by no-merit appeal may be canalized into a “Knight” habeas petition, at least where the challenge is based on a potential defect apparent in the record. The court continues […]
Motion to Reconsider – Basis, Generally
State v. Elizabeth A. White, 2008 WI App 96 For White: T Christopher Kelly Issue/Holding: ¶8 To prevail on a motion for reconsideration, a party must either present newly discovered evidence or establish a manifest error of law or fact. Koepsell’s Olde Popcorn Wagons, Inc. v. Koepsell’s Festival Popcorn Wagons, Ltd., 2004 WI App 129, ¶44, […]
No Waiver Bar, Collateral Attack Based on Newly Discovered Evidence
State v. Audrey A. Edmunds , 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002) For Edmunds: Keith A. Findley, UW Law School Issue/Holding: Presentation of expert testimony to establish, under a theory […]
Waiver – Taser Device Worn by Defendant, Failure to Raise Objection
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶15 The State first argues that Champlain has waived the armband issue. The State contends that Champlain cannot not be heard to complain about the jury seeing the armband device when he himself […]
Restitution – Limitations – “Gifted Funds” in Prisoner’s Account as Source
State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue: Whether the sentencing court may order that DOC distribute “gifted” (as opposed to wage-based) funds in a prisoner’s account to satisfy a restitution obligation. Holding: ¶12 We observe that Wis. Stat. § 973.20 does not limit the consideration of […]
Restitution – Limitations – Time Limit / Double Jeopardy
State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue/Holding: Restitution order amendment, directing DOC to disburse funds from the prisoner’s account, did not violate double jeopardy although the amendment occurred three years after the original order: ¶16 Greene’s double jeopardy argument focuses on the fact that DOC, in […]
Restitution – “Victim”: Obligor of Bail Forfeited by Defendant’s Violation of Bond Condition
State v. William Agosto, 2008 WI App 149, PFR filed 10/21/08 For Agosto: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: The defendant’s mother, who posted subsequently-forfeited cash bail, is a “victim” for restitution purposes: ¶8 … Agosto committed the “crime” of bail-jumping. He pled guilty and the circuit court entered a judgment convicting him of that crime. […]
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.