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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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Sentence Credit – Credit for Conditional Jail Time (Condition of Probation) Served While “Overlapping” with Concurrent Unrelated Prison Sentence
State v. Martin V. Yanick, Jr., 2007 WI App 30 Pro se Issue/Holding: ¶1 … We conclude that, when a defendant has served conditional jail time and his or her probation is later revoked and the defendant commences serving an imposed and stayed sentence, the defendant is entitled to sentence credit for days spent in […]
Waiver of Argument: Constitutionality of Statute – Facial Challenge
State v. Scott R. Nelson, 2007 WI App 2, PFR filed 1/22/07 For Nelson: Joseph L. Sommers Issue/Holding: ¶7 n. 3: Because Nelson is making facial challenges to the constitutionality of chapter 980, the State’s assertion that Nelson has waived his constitutional arguments lacks merit. See State v. Bush, 2005 WI 103, ¶19, 283 Wis. […]
Waiver Rule and Judicial Estoppel: Inapplicable to Mere Acquiescence to Ruling Subsequently Challenged
State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: The State’s silent acquiescence to judicial action (sua sponte withdrawal of a guilty plea) didn’t work judicial estoppel bar to mounting subsequent challenge to that ruling, ¶14.
Judicial Estoppel – Objection to PSI
State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: ¶6 Thexton next claims that the circuit court erred in considering the PSI from his prior conviction. On realizing that the PSI in this case had been prepared with extensive reference to the PSI from Thexton’s prior conviction, […]
Appellate Procedure: Respondent’s Waiver
State v. Roberto Vargas Rodriguez, 2007 WI App 252, PFR filed 11/1/07; on remand from supreme court, and affirming, 2006 WI App 163 For Rodriguez: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶12 Generally, we do not apply waiver against a respondent who is seeking to uphold a trial court ruling. See State v. Holt, […]
Waiver of Issue: Jury Instruction – Failure to Object to Limiting Instruction
State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: Failure to object to the wording of a limiting instruction (limiting jury’s use of certain evidence to impeachment rather than substantive evidence of guilt) waived the right to challenge its efficacy, ¶¶34-36. The court possesses discretionary authority […]
Binding Authority — Published Wisconsin Court of Appeals Opinion – Review by Supreme Court
State v. Owen Budd, 2007 WI App 245 For Budd: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Review of a published court of appeals’ decision by the supreme court leaves intact any portion of the opinion not reversed, ¶13 n. 4, citing State v. Jones, 2002 WI App 196, ¶40. Jones itself holds: We agree with the State that […]
Binding Authority – Dicta, Generally
State v. Dwight M. Sanders, 2007 WI App 174, affirmed, 2008 WI 85 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶26 The State argues that our supreme court’s decision in Hughes validates the officers’ hot pursuit entry in this case. In Hughes, the court held that the crime of possession of marijuana was serious enough to justify […]
Appellate Procedure – Harmless Error Review – Conclusive Presumption
State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Instructional error due to mandatory conclusive presumption wasn’t harmless: ¶28 As we have explained, the trial error consisted of an instruction that […]
Review — Sentence After (Extended Supervision) Revocation — Reconfinement Sentence Imposed by Different Judge
State v. Twaun L. Gee, 2007 WI App 32 For Gee: Amelia L. Bizzaro Issue/Holding: The holding of State v. Brandon E. Jones, 2005 WI App 259, ¶13, that the reconfinement judge need not review the original sentencing transcript was overruled by State v. John C. Brown, 2006 WI 131, ¶38: ¶14 In Brown, the supreme court addressed the […]
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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.