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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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Guilty Pleas – Procedure – Read-In, Generally
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶27 n. 7: This court explained the procedure for read-in charges in Austin v. State, 49 Wis. 2d 727, 183 N.W.2d 56 (1971). When charges are read in during sentencing, the defendant admits […]
Guilty Pleas – Procedure – Read-In, Existence of
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: In order to trigger read-in procedure there must be a sufficient showing of an agreement to read in the offense at issue: ¶28 Nowhere in the transcript of the plea hearing, the transcript […]
§ 910.02: Original of Surveillance Tape Required But if Destroyed without Bad Faith, Testimony of Contents Allowed, § 910.04(1) – “Unplayable” Tape Tantamount to Destroyed
State v. William Troy Ford, 2007 WI 138, affirming unpublished decision For Ford: Ralph J. Sczygelski Issue/Holding: A surveillance tape that became unplayable was “destroyed” within the meaning of § 910.04(1), and its contents could be testified to by pre-destruction viewers: ¶68 We are satisfied that where a tape is damaged and unplayable, the proponent of the evidence […]
Delivery of Controlled Substance – Sufficiency of Evidence (and Corroboration of Confession Rule)
State v. Edward Bannister, 2007 WI 86, 302 Wis. 2d 158, 734 N.W.2d 892, reversing 2006 WI App 136 Issue/Holding: Bannister’s confession to giving morphine to someone who died from an overdose of the substance was sufficiently corroborated to support his his conviction: ¶ 22 We first address whether the State satisfied the corroboration rule during the course of […]
Binding Authority – Consideration of Foreign Authority When Wisconsin Law Is Unclear
State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion For Muckerheide: Mark S. Rosen Issue/Holding: ¶38 We agree with the State’s assertion that cases from other jurisdictions are not binding on Wisconsin courts. State ex rel. E.R. v. Flynn, 88 Wis. 2d 37, 46, 276 N.W.2d 313 (Ct. App. 1979). We recognize that such case law […]
TPR — Prior TPR as Grounds, Based on Default Judgment
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order was based on her default for failing to personally appear at the fact-finding hearing. Holding: ¶27 We […]
TPR — Partial Summary Judgment (as to Fact-Finding Hearing) – Basis and Proof – Prior TPR, Grounds for
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order did not state the explicit § 48.415 ground relied on. Holding: ¶2 We conclude that Wis. Stat. […]
TPR – Sufficiency of Warnings, Prior CHIPS Proceeding
Dane co. DHS v. Dyanne M., 2007 WI App 129, District 4 court of appeals, 3/29/07 (published) Issue/Holding: ¶19 Dyanne acknowledges that the CHIPS order makes reference to “warnings” and contains the statutory language defining the possible grounds for termination. She also does not dispute that the order contains the conditions that were necessary for […]
Competency of TPR Court – Statutory Time Limits–Failure to Comply with § 48.427(1) 10-day Limit for Entering Dispositional Order
Dane Co. DHS v. Dyanne M., 2007 WI App 129, District 4, 3/29/07 (published) Competency of TPR Court – Statutory Time Limits, Generally Issue/Holding:1: Generally, compliance with a statutory TPR time limit is mandatory, such that non-compliance results in lost circuit court competency absent an applicable exception, ¶5, citing Dane Co. DHS v. Susan P.S., […]
Parental Responsibility / Fitness, § 48.415(6) – Relevance of Father’s Conduct After Discovery He Is Child’s Father
State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals. Issue/Holding: ¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental […]
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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.