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
Restitution — Law Enforcement Officer Not “Victim,” § 973.20(1r) re: Injuries Suffered While Apprehending Defendant
State v. Anthony Houston Lee, 2008 WI App 185 For Lee: Carl W. Chessir Issue/Holding: ¶11 As noted, Wis. Stat. § 973.20 authorizes a trial court to order restitution to victims of a “[c]rime considered at sentencing,” which includes “any crime for which the defendant was convicted and any read-in crime.” Sec. 973.20(1g)(a) & (1r). We conclude […]
Appellate Procedure – Harmless Error: SVP Trial
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶57 In summary, while the termination from the community treatment program and the rule violation were presented as conduct […]
Appellate Procedure – Harmless Error: General Test
State v. Ronell E. Harris, 2008 WI 15, affirming unpublished decision For Harris: Ralph J. Sczygelskis Issue/Holding: Various discovery and evidentiary violations amounted to harmless error, whether taken singly (¶¶41-59, ¶87-90) or cumulatively (¶¶109-113).Harmless error discussions are largely fact-specific, and this case is no exception. But it is noteworthy for its recognition that the “court […]
NGI Commitments – Standard of Review: Commitment for Institutional Care, § 971.17(3)(a)
State v. Paul A. Wilinski, 2008 WI App 170 For Wilinski: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶11 Wisconsin courts have not yet articulated the standard for reviewing a circuit court’s order for commitment under Wis. Stat. § 971.17(3)(a). The State proposes that courts should review such orders under a sufficiency of the evidence standard. […]
NGI Commitments – Commitment for Institutional Care, § 971.17(3)(a) – Sufficiency of Evidence
State v. Paul A. Wilinski, 2008 WI App 170 For Wilinski: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: NGI commitment to institutional care supported by the evidence, in that The nature of the offense itself (violent assault coupled with threat to kill) supported a finding of significant risk of harm if Wilinski were released (¶13); Wilinski […]
SVP – Discharge Petition – Circuit Court Review, § 980.09 (2005-06) – Showing Necessary for Evidentiary Hearing
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue: Whether § 980.09 (2005-06) grants the circuit court a greater “gatekeeper role” than the prior statute in ordering an evidentiary hearing on a discharge petition. Holding: ¶22 The State’s premise that the new statute grants the circuit court a greater […]
SVP Commitments – Discharge Petition – Review by Circuit Court, § 980.09 (2005-06) – Generally
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue/Holding: ¶14 Unlike the previous statutory provision, the current Wis. Stat. § 980.09 does not distinguish between petitions made with or without the approval of the DHFS secretary. Furthermore, a discharge petition no longer automatically triggers a probable cause hearing. Rather, […]
SVP Commitments – Discharge Petition, § 980.09 (2005-06) – Allegations Sufficed for Evidentiary Hearing
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue/Holding: ¶24 In his petition, Arends alleged that his condition had changed such that he no longer met the definition of a sexually violent person because (1) “the passage of time demonstrated that anti-social behavior expected under an earlier diagnosis […]
SVP Commitments – Statement to Field Agent: Compelled, Inadmissible (Under Since-Repealed Statute)
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: A parolee’s statement made under grant of immunity (per State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977)), was compelled (therefore […]
Sentencing – Factors – Harm to Victim: Threats While Case Pending, Inability to Attribute to Defendant
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue: Whether threats made to the victims, while the prosecution was pending, to try to dissuade them from testifying were relevant to sentence despite absence of evidence linking threats to the defendant himself. Holding: ¶41 The court process […]
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.