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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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Due Process – Right to Present Defense – Misconduct in Public Office, § 946.12(3) – Intent to Obtain Dishonest Advantage – Testimony of Long-Standing Legislative Practice
State v. Scott R. Jensen, 2007 WI App 256; prior history: State v. Scott R. Jensen, 2004 WI App 89,affirmed, 2005 WI 31 For Jensen: Robert H. Friebert, Matthew W. O’Neill Issue/Holding: ¶36 We agree with the State that the testimony of Jensen’s defense witnesses as to the practices of both Democrats and Republicans in the legislature of using […]
Frisk – Behavior During Pat-Down as Part of Reasonable Suspicion Calculus
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶47 We reject the State’s assertion that Johnson’s collapse to the ground during the frisk because of leg pain (whether feigned or actual) is in any way relevant to the reasonableness of the protective search. […]
Warrants – “Franks” Hearing
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: Immaterial differences of memory don’t establish the “deliberate falsity or reckless disregard” for truth required to trigger a Franks hearing, ¶¶17-21; nor is such a hearing mandated in the absence of specific request, ¶22.
Warrants – Good Faith
State v. Christopher D. Sloan, 2007 WI App 146 Issue/Holding: ¶26 The trial court here did not find a nexus in the affidavit between the items sought and the house to be searched. Nonetheless, the trial court concluded, in deference to the judge who signed the warrant, that “[t]here’s the good faith exception here. If […]
Allocution – Timing of Exercise of Right – Remedy for Violation
State v. Quantae T. Hines, 2007 WI App 39 For Hines: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: A defendant has a right to allocute during a reconfinement proceeding, the remedy for violation of which is resentencing, ¶¶18-20. The outcome is largely controlled by State v. John C. Brown, 2006 WI 131, which held that reconfinement is […]
Earned Release Program – Petition for Eligibility under Pre-Effective Date (7/26/03) Sentence: DOC Approval Required but Refusal to Take Position = Approval
State v. Kathy J. Johnson, 2007 WI App 41 For Johnson: Jeremy Perri, SPD, Milwaukee Appellate Issue: Whether DOC policy, for inmates under sentence commencing prior to July 26, 2003, to take no position on an ERP petition constitutes approval of the petition under Wis. Stat. § 302.05(3)(e). Holding: ¶8 Wisconsin Stat. § 302.05(3)(e) governs inmate petitions […]
Warrants – No-Knock: Unannounced Entry, not Authorized by Warrant but Permissible Where Target not Inside
State v. Thomas William Brady, 2007 WI App 33, PFR filed 2/13/07 For Brady: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: Where the target of a search was not at home when the police forcibly entered pursuant to a search warrant, their unannounced entry did not, although not authorized by the warrant, violate the fourth amendment. ¶13 […]
Search Warrant – Probable Cause – Online, Credit Card Purchase of Child Pornography
State v. Dennis M. Gralinski, 2007 WI App 233 For Gralinski: Martin Kohler; Craig Powell, PFR filed 10/5/07 Issue: Whether use of the defendant’s credit card number to purchase online membership to a child pornography site established probable cause for a search warrant of the defendant’s home. Holding: ¶12 Gralinski argues that the special agent’s affidavit did […]
Warrants – Probable Cause – “Nexus” Between Objects Sought and Place to be Searched
State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: There was an insufficiently established “nexus” between the contraband found in a package and its return address to support a search warrant for that address: ¶31 What Hennen does not describe in his affidavit is critical to our analysis. He never tells the reader that […]
Search Warrant – Staleness – Computerized Child Pornography Purchase 2+-Years Earlier
State v. Dennis M. Gralinski, 2007 WI App 233 For Gralinski: Martin Kohler; Craig Powell, PFR filed 10/5/07 Issue/Holding: ¶26 Gralinski next contends that the warrant was invalid because it was based on stale information such that no inference could be drawn that the items sought in the warrant would be located in his home two […]
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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.