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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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Plea Bargains — Validity: Enforceability of “Internally Inconsistent” Terms
State v. Sou W. Her, 2008 WI 39, dismissing as improvidently granted, review of unpublished decision For Her: Donald J. Chewning Issue/Holding: ¶2 This case involves Her’s agreement to plead guilty in exchange for an aggregate 15-year sentence recommendation from the State (10-years initial confinement with 5-years extended supervision). The record clearly indicates that the […]
Plea Bargains — Judicial Participation – Discretion to Inform Will Not Follow Sentencing Recommendation
State v. Miguel E. Marinez, Jr., 2008 WI App 105, (AG’s) PFR filed 7/15/08; prior history: certification, denied 4/3/08 For Marinez: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶1 At issue here is whether a trial judge is prohibited from informing a defendant that the judge intends to exceed a sentencing recommendation in a plea agreement […]
Particular Examples of Misconduct, § 904.04(2) – Recognizance Bond as Documentary Proof of Defendant’s Connection to Place Where Drugs Founds – Criminal History Generally Inadmissible
State v. Ronell E. Harris, 2008 WI 15, affirming unpublished decisionFor Harris: Ralph J. Sczygelskis Issue/Holding: A document, identified to the jury as “recognizance of bond in a criminal case … by the defendant,” found in the same room as a controlled substance and meant to show his connection to the drug, was inadmissible: ¶82 Criminal History Generally Inadmissible. Ordinarily […]
Extraneous Misconduct Admissibility, § 904.04 – Pornographic Images — “Greater Latitude” Rule, Applicable to Sexual Assault of Vulnerable Adult
State v. Timothy J. Normington, 2008 WI App 8, PFR filed 12/21/07 For Normington: Stephen J. Eisenberg Issue: Whether images downloaded from the defendant’s computer, depicting objects inserted into women’s vaginas and into men’s and women’s anuses, were admissible on a charge of sexual assault of a mentally deficient victim involving an object inserted in his anus. Holding: […]
Guilty Pleas – Procedure – Factual Basis – Consideration of “Whole” Record
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: ¶26 As our supreme court explained in White, “[i]n applying the manifest injustice test on review, this court may consider the whole record since the issue is no longer whether the guilty plea should have been […]
Guilty Pleas – Factual Basis – Particular Instances: Using Computer to Facilitate Child Sex-Crime
State v. Eric T. Olson, 2008 WI App 171 For Olson: Byron C. Lichstein Issue/Holding: The “act other than element” of § 948.075(3) isn’t satisfied by either transmission of live video of the shirtless defendant, or by his prior sexual encounters with others he met on-line: ¶11 Accordingly, we read the statute to require that, […]
Opinion & Expert Testimony – “Death Scene” Analysis
State v. Craig A. Swope, 2008 WI App 175 For Swope: Dianne M. Erickson Issue: Whether “death scene” analysis from an FBI agent was admissible to establish cause of simultaneous death of two elderly individuals found dead in their home. Holding: ¶25 The general field of crime scene analysis has been recognized as being a […]
Expert Testimony – Opinion as to Issue of Domestic Law
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue: Whether the circuit court erroneously admitted an attorney’s expert opinion testimony that LaCount had engaged in a securities transaction. Holding: ¶19 As noted previously, appellate courts use the deferential erroneous exercise of discretion standard when reviewing […]
Expert Opinion Testimony re: Truthfulness of Complainant, as to Signs of Coaching or Suggestion
State v. Bryan James Krueger, 2008 WI App 162 For Krueger: Bradley J. Lochowicz Issue/Holding: ¶15 Here, Mason was asked whether she had formed an opinion as to whether or not S.B. “was the product of any suggestibility or any coaching.” … Signs of coaching or suggestion could fall into the realm of knowledge that […]
Appellate Procedure: Jurisdiction/Finality of Order – (State’s) Motion to Reconsider Oral Ruling
State v. Elizabeth A. White, 2008 WI App 96 For White: T Christopher Kelly Issue/Holding: Jurisdiction attaches to state’s appeal from denial of reconsideration of an oral ruling dismissing a count, ¶7 n. 5: The State appeals from the written order denying the motion for reconsideration. White, citing Ver Hagen v. Gibbons, 55 Wis. 2d […]
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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.