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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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Wisconsin Electronic Surveillance Control Law, § 968.28 – Limited to “Enumerated Offenses” – Remedy for Invalid Wiretap Order
State v. Jeffrey Allen House, 2007 WI 78, affirming unpublished opinion For House: Michael J. Steinle Issue/Holding1:¶ ¶12 House contends that because money laundering, racketeering, and continuing criminal enterprise are not specifically enumerated crimes for which wiretaps are authorized under the Wisconsin wiretap statutes, the order authorizing the wiretap in this case was unlawful. We begin our […]
Public Trial – Locked Courthouse
State v. David L. Vanness, 2007 WI App 195 For Vanness: Chad Lanning Issue/Holding: Right to public trial under the 6th amendment was violated when the courthouse was locked (though the courtroom doors themselves remained open) during the defense case and State’s rebuttal: ¶8 The right to a public trial is a basic tenet of our […]
Conspiracy – § 939.31, Elements – Generally
State v. Henry E. Routon, 2007 WI App 178, PFR filed 7/23/07 For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶18 Wisconsin Stat. § 939.31 sets forth the elements of the crime of conspiracy applicable under Wis. Stat. § 961.41(1x).[8] Section 939.31 provides: …. whoever, with intent that a crime be committed, agrees or combines with another for the […]
Conspiracy — § 939.31 – Sufficiency of Evidence – Agreement
State v. Henry E. Routon, 2007 WI App 178, PFR filed 7/23/07 For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶36 Routon, as noted above, argues that the single sale to Agent Smith is, as a matter of law, insufficient evidence of an agreement. However, in the cases on which he relies, there was no evidence, […]
Forfeiture – Dismissal with Prejudice, Failure to Hold Timely Hearing on Petition, § 961.555(2)
State v. Lamont D. Powell, 2007 WI App 127 For Powell: Nicholas C. Zales Issue/Holding: ¶3 The sixty-day limit in Wis. Stat. § 961.555(2)(b) is mandatory and a forfeiture petition must be dismissed unless the requisite hearing is held within the sixty-day period because a person may not be deprived of his or her property “for […]
Reasonable Suspicion – Basis – Unusual Nervousness and Behavior, as Ground to Extend Routine Traffic Stop
State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07 For Bons: Vladimir M. Gorokhovsky Issue: Whether a concededly proper traffic stop (for speeding) was extended without sufficient cause when the officer, after issuing the ticket and returning the license, asked to search the car. Holding: ¶15 We conclude that Ramstack could have formed a […]
Reasonable Suspicion – Basis – Traffic Stop – Vehicle’s Owner Known to Have Revoked License
State v. Frank C. Newer, 2007 WI App 236, PFR filed 11/8/07; prior history: Certification, 8/8/07, denied, 9/10/07 For Newer: Francis R. Lettenberger Issue/Holding: The police have reasonable suspicion to stop a vehicle whose owner’s DL is known to have been revoked, given no reason to think someone other than the owner is behind the wheel: ¶2 We now reverse […]
Reasonable Suspicion – Basis – Traffic Stop – Pretext
State v. Frank C. Newer, 2007 WI App 236, PFR filed 11/8/07; prior history: Certification, 8/8/07, denied, 9/10/07 For Newer: Francis R. Lettenberger Issue/Holding: ¶4, n. 2. The circuit court also refused to consider the alternative grounds of the observed speeding violation because the officer “wasn’t using that as a basis for the stop.” We note that the officer’s subjective […]
Commencing Appeal – Effect of Notice of Appeal to Non-Final Order – Construing as Petition for Leave to Appeal
State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: Dismissal of an appeal as having been directed to a non-final order doesn’t in and of itself bar the court of appeals from deciding to grant leave to appeal, ¶7 n. 2: In its jurisdictional memoranda, the State asks us […]
OWI – State’s Appeal: Collateral Attack on Prior OWI Conviction – Non-Final Order, Permission to Appeal Required
State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: The State may not appeal as a matter of right from a successful collateral attack on a prior OWI conviction, reducing the pending charge from OWI-3rd to -2nd; instead, the State’s remedy is to seek leave to appeal a non-final order: ¶2 […]
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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.