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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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Sentencing Review, Generally, Preserved by Postconviction Motion
State v. Vincent T. Grady, 2007 WI 81, affirming 2006 WI App 188 For Grady: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶14 n. 4: The State contends that Grady waived the issues presented. Grady did not waive the issues presented because he filed a postconviction motion pursuant to Wis. Stat. § 809.30(2)(h). Filing a postconviction motion is a timely means […]
Tuberculosis Treatment Commitment, § 252.07 – Generally
City of Milwaukee v. Ruby Washington, 2007 WI 104, affirming 2006 WI App 99 For Washington: Wm. Tyroler, SPD, Milwaukee Appellate; Karl Otto Rohlich, SPD, Milwaukee Mental Health Amicus: Colleen Ball, ACLU Issue/Holding: ¶3 We conclude that Wis. Stat. § 252.07(9)(a) authorizes confinement to a jail for a person with noninfectious tuberculosis who is at a high […]
Tuberculosis Treatment Commitment, § 252.07 – Confinement: Jail as Placement Option
City of Milwaukee v. Ruby Washington, 2007 WI 104, affirming 2006 WI App 99 For Washington: Wm. Tyroler, SPD, Milwaukee Appellate; Karl Otto Rohlich, SPD, Milwaukee Mental Health Amicus: Colleen Ball, ACLU Issue/Holding: ¶37 … We conclude that, together, the commonly accepted meanings of “facility” and “confined” indicate that the legislature intended jail to be a permissible […]
Tuberculosis Treatment Commitment, § 252.07 – Confinement: Least Restrictive Alternative
City of Milwaukee v. Ruby Washington, 2007 WI 104, affirming 2006 WI App 99 For Washington: Wm. Tyroler, SPD, Milwaukee Appellate; Karl Otto Rohlich, SPD, Milwaukee Mental Health Amicus: Colleen Ball, ACLU Issue/Holding: ¶42 Washington next argues that if jail is a permissible place of confinement under Wis. Stat. § 252.07(9), confinement to jail is not permitted whenever some less […]
Sentencing Guidelines, § 973.017(2)(a) – Reviewability – Mandated Consideration
State v. Vincent T. Grady, 2007 WI 81, reconsideration denied, 2007 WI 125, affirming 2006 WI App 188 For Grady: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶16 We first address whether Wis. Stat. § 973.017(10) precludes appellate review of a circuit court’s consideration of an applicable sentencing guideline pursuant to Wis. Stat. § 973.017(2)(a). Wisconsin Stat. § 973.017(10) […]
Confrontation – Testimonial Statement, Opportunity for Cross-Examination – Witness Who Testified and Then Was Dismissed
State v. Samuel Nelis, 2007 WI 58, affirming unpublished decision For Nelis: Robert A. Ferg Issue/Holding: ¶45 Although Steve Stone testified at trial, Nelis argues that Steve Stone did not have the opportunity to explain or deny his alleged oral statements because the State did not examine him concerning such statements, and the oral statements […]
Confrontation – “Testimonial” Statement – Generally: “Broad” Definition Applies – Solicitation by Police not Absolutely Necessary
State v. Mark D. Jensen, 2007 WI 26, on bypass For Jensen: Craig W. Albee Issue/Holding: ¶24 We note that there is support for the proposition that the hallmark of testimonial statements is whether they are made at the request or suggestion of the police. See State v. Barnes, 854 A.2d 208, 211 ( Me. […]
Defenses – § 940.09(2), Homicide by Intoxicated Use: Death Would Have Occurred Anyway – Admissibility of Evidence of Deceased’s Prior Conduct as Relevant to Intervening Cause
State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion For Muckerheide: Mark S. Rosen Issue/Holding: On a trial of homicide by intoxicated use of a motor vehicle, § 940.09(1)(b), where the defense was that the death would have occurred anyway because the deceased grabbed the wheel just prior to the accident, evidence that the deceased “had, […]
Reasonable Suspicion – Basis – Traffic Stop – Deviations within Lane – No Bright-Line Rule, Stop Permissible under Totality of Particular Circumstances
State v. Robert E. Post, 2007 WI 60, reversing unpublished decision For Post: T. Christopher Kelly Issue/Holding1: Weaving within lane of travel doesn’t support bright-line rule justifying stop for suspicion of drunk driving: ¶14 The State contends that Sergeant Sherman had reasonable suspicion to stop Post. It advocates the view that repeated weaving of a motor vehicle within […]
Reasonable Suspicion – Basis – Traffic Stop – Deviations within Lane, et al – Stop Permissible, Totality of Particular Circumstances
State v. Robert E. Post, 2007 WI 60, reversing unpublished decision For Post: T. Christopher Kelly Issue/Holding: ¶28 As in Waldner, the police officer in the present case did not observe any actions that constituted traffic violations or which, considered in isolation, provided reasonable suspicion that criminal activity was afoot. However, when considered in conjunction with all […]
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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.