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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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Due Process – Identification Procedure – Showup ID: Probable Cause Specific to Purpose of ID Unncessary
State v. Jonathan W. Nawrocki, 2008 WI App 23 For Nawrocki: Scott D. Obernberger Issue/Holding: ¶2 The issue presented in this case is whether a showup identification is necessary, thus meeting the first test of admissibility under Dubose, when probable cause exists to justify an arrest of a suspect, but it does not exist on the […]
Due Process – Identifcation Procedure – In-Court ID as Untainted by Impermissible Showup
State v. Jonathan W. Nawrocki, 2008 WI App 23 For Nawrocki: Scott D. Obernberger Issue/Holding: ¶29 Having concluded that the showup identifications of Nawrocki were not necessary and therefore should have been suppressed, we next must address whether Albert’s and/or Gerhardt’s in-court identifications of Nawrocki were based on an independent source that was untainted by […]
Due Process – Restraints on Defendant in Courtroom – Sua Sponte Duty of Court to Investigate
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: Once it became aware that the jail administrator was requiring that the defendant wear an armband taser device during the jury trial, the court, “the trial court had an affirmative, sua sponte duty to inquire […]
DNA Surcharge – Generally
State v. Ray Shawn Cherry, 2008 WI App 80 For Cherry: John T. Wasielewski Issue/Holding: ¶5 The statutes governing this issue are clear. If a trial court sentences a defendant to a felony involving a sex crime contrary to Wis. Stat. §§ 940.225, 948.02(1) or (2) 948.025, or 948.085, the trial court must order the defendant to pay […]
(Permissive) DNA Surcharge – Exercise of Discretion
State v. Ray Shawn Cherry, 2008 WI App 80 For Cherry: John T. Wasielewski Issue: Whether the sentencing court properly exercised discretion in imposing a DNA surcharge, where it misconstrued such action as mandatory rather than permissive and ignored the defendant’s prior such assessment. Holding: ¶9 We hold that in assessing whether to impose the DNA […]
Reasonable Suspicion – Frisk – High-Crime Area, etc.
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶34 Here, the officers were outnumbered and without backup when, following an anonymous tip that drug dealing and drug loitering activities were taking place on the porch of a residence in […]
Frisk – “Plain Touch” – Contraband: Plastic Baggies
State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08 For Applewhite: Pamela Moorshead Issue/Holding: ¶12 The next question before us is whether Bastil’s discovery of contraband in Applewhite’s pockets is supported by the “plain touch” doctrine. When the pat-down itself is based on reasonable suspicion, the “plain feel” or “plain touch” exception to […]
Reasonable Suspicion – Frisk – Scope: Purse
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding: ¶36 In her final argument, Limon argues that when the officer opened her purse, the search exceeded the scope of a valid weapons frisk under Terry. Although Terry provides only for an officer “to […]
Warrants – Anticipatory Warrant: Not Supported for Verification of Address
State v. Michael Anthony King, 2008 WI App 129 For King: Mark S. Rosen Issue/Holding: Although an “anticipatory” search warrant may be issued to seize property in transit, a warrant may not condition its execution on verification of an address, ¶¶16-24
Search Warrants – Probable Cause – “Nexus” Between “Ancillary Materials” Sought in Arrestee’s Home and Gun-Related Arrest
State v. Juan A. Casarez, 2008 WI App 166 For Casarez: Adam C. Essling Issue/Holding: ¶12 Although Casarez concedes the affidavit establishes probable cause that he committed a crime, he asserts that it contains no evidence to establish that a crime was committed at his home, that the gun was ever observed at his home, […]
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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.