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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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Defense win: Defendant entitled to withdraw plea on count for which the circuit court failed to explain elements
State v. Damon D. Taylor, 2021AP272-CR, District 4, 12/30/22 (not recommended for publication); case activity (including briefs)
Taylor moved to withdraw his Alford pleas to three crimes. The court of appeals agrees his plea to one of the three crimes was not knowing and intelligent because the circuit court failed to ascertain that he understood the elements of the offense.
Use of preliminary hearing testimony when witness is unavailable at trial
There’s an interesting petition for writ of certiorari on this issue pending in SCOTUS. As this post from the Confrontation Blog explains: “The question is whether, or in what circumstances, the testimony of a prosecution witness at a preliminary hearing may be used at trial if the witness is then unavailable. This is an issue on which the Supreme Court has not given any guidance since Crawford, and the petition ably shows that the lower courts are in clear dispute.”
Evidence sufficient for initial commitment under 4th standard
Marathon County v. L.A.R., 2022AP1226-FT, 12/29/22, District 3 (one-judge opinion; ineligible for publication); case activity
“Laura” has suffered from bipolar disorder for over 30 years. At her initial commitment hearing, one examiner testified that she met the 2nd standard of dangerousness. Another testified that she also met the 4th standard. The circuit court held that Laura satisfied only the latter standard. The court of appeals affirmed.
Partial summary judgment in TPR case affirmed
C.K. and A.K. v. K.L., 2022AP1289, District 4, 12/22/22 (one-judge decision; ineligible for publication); case activity
The circuit court didn’t err in granting partial summary judgment on the termination of parental rights petition filed against K.L. by C.K. and A.K., the grandparents and guardians of K.L.’s daughter B.K., because there were no genuine issues of material facts as to whether K.L. established a good cause defense to the ground of abandonment alleged in the petition.
December 2022 publication order
On December 21, 2022, the court of appeals ordered the publication of the following criminal law related decisions:
COA declines to consider constitutional challenge to ordinance because defendant failed to serve AG or join city as party
State v. Kevin Richard Raddemann, 2022AP668-CR, 12/21/22, District II (1-judge opinion, ineligible for publication); case activity (including briefs).
In this misdemeanor OWI case, Raddemann moved to suppress evidence obtained following a stop of his vehicle. After the suppression hearing, he moved for reconsideration, arguing that a City of Hartford cemetery ordinance, which was the basis for the stop, was unconstitutionally vague. The circuit court denied Raddemann’s motion to reconsider because it was untimely. ¶5.
Defendant failed to make timely jury demand in OWI 1st case
Washington County v. Justin David Dettmering, 2022AP941, District 2, 12/21/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Dettmering didn’t demand a jury within the time indicated on the citation he was issued for OWI 1st, but he later claimed he should get a jury because he wasn’t advised of his right to a jury at his first court appearance as required by § 345.34(1). The court of appeals rejects his claim.
Waiver of juvenile court jurisdiction affirmed
State v. C.W.P., 2022AP1240 & 2022AP1317, District 2, 12/14/22 (one-judge decision; ineligible for publication); case activity (2022AP1240; 2022AP1317)
The state filed two juvenile delinquency petitions regarding C.W.P. and petitioned for waiver of juvenile jurisdiction in both cases. The circuit court held joint waiver hearings after which it granted waiver. The court of appeals rejects C.W.P.’s challenges to the circuit court’s decision.
Defense win! Cops lacked reasonable suspicion to seize passenger in vehicle
State v. Donte Quintell McBride, 2021AP311-CR, 12/20/22, petition for review granted, 4/18/23, affirmed, 2023 WI 68;District 2; case activity (including briefs) District 1 (not recommended for publication); case activity (including briefs).
In a 2-1 decision, Judge Donald (joined by Judge White) holds that officers do not have reasonable suspicion to seize the passenger of an SUV just because he and the driver were sitting in the SUV with the lights off in an alley at night in a high crime area and the passenger moved when the officer shined a spotlight at him. Judge Dugan filed a lengthy dissent.
SCOW to address mistrials and curative instructions
State v. Eric J. Debrow, 2021AP1732-CR, petition for review of an unpublished COA opinion granted 12/15/22, reversed, 2023 WI 54; case activity (including PFR, Response, and COA briefs)
Issue presented (from the State’s petition):
Did the court of appeals apply the proper legal standard to its review of the circuit court’s decision to deny Debrow’s motion for a mistrial when it considered the adequacy of the curative instruction given by the circuit court and, if not, did the circuit court properly exercise its discretion in denying the motion for a mistrial?
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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.