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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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Plea-Withdrawal, Post-sentencing – Procedure – Challenge to Factual Basis
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Bangert procedure applies to challenge to failure to establish adequate factual basis where the facts are disputed: ¶50 In the present case, however, the facts are in dispute precisely because the circuit court failed to conduct a […]
Securities Fraud, § 551.41(2) – Promissory Note
State v. Kevin F. McGuire, 2007 WI App 139, PFR filed 6/4/07 For McGuire: Timothy A. Provis Issue: Whether a promissory note is a “security” within the meaning of § 551.02(13(a). Holding: The 4-factor test of In Reves v. Ernst & Young, 494 U.S. 56, 66-67 (1990) applies: “1) the motivations of a reasonable seller […]
§ 125.075(1), Procuring Alcohol for Minor Resulting in Death – Element of Scienter
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the scienter element of § 125.075(1) requires proof that the defendant know that a particular individual is under the legal drinking age. Holding: ¶11 Wille makes much of the fact that Wis. Stat. § 125.075(1) refers several times to […]
§ 125.075(1), Procuring Alcohol for Minor Resulting in Death – Sufficiency of Evidence
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the evidence was sufficient under § 125.075(1) to show that the defendant had the underage victim had consumed alcohol provided by the defendant at a party for which the defendant supplied beer and sold red cups […]
§ 125.075(1), Procuring Alcohol for Minor Resulting in Death – Elements – State Need not Prove Victim’s Level of Intoxication
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶31 … The State was under no obligation to establish the level of alcohol in Meshak’s blood at the time of the accident, or even to prove that he was intoxicated to the degree required for […]
§ 125.075(1), Procuring Alcohol for Minor Resulting in Death – Jury Instructions: Causation
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶24 Wille claims the trial court erred in instructing jurors that, to find Wille guilty of the charged crime, Meshak’s consumption of alcohol provided by Wille was required to be “a” substantial factor in causing Meshak’s […]
Contempt — Remedial, § 785.04(1) – Basis for Tuberculosis-Treatment Confinement
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: ¶66 Moreover, we agree with Washington that remedial contempt was not an appropriate sanction in this case. A contemnor may be imprisoned “only so […]
Guilty Pleas – Post-Sentencing Plea Withdrawal: Grounds — Coercion: Defendant’s Pregnancy
State v. Monika S. Lackershire, 2007 WI 74, affirming (this holding of) 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶62 Finally, we consider Lackershire’s argument that her plea was involuntary because she feared that the stress of trial would affect her pregnancy. … … ¶64 Lackershire has raised no […]
Detainers – Interstate Agreement on Detainers – Generally
State ex rel Frederick Lee Pharm v. Bartow, 2007 WI 13, affirming 2005 WI App 215 For Pharm: Jon G. Furlow, Nia Enemuch-Trammell, Roisin H. Bell (Pro Bono Project) Issue/Holding: ¶14 The IAD is an interstate compact that prescribes “procedures by which a member State may obtain for trial a prisoner incarcerated in another member jurisdiction and […]
Detainers – Interstate Agreement on Detainers – Inapplicable to Parole
State ex rel Frederick Lee Pharm v. Bartow, 2007 WI 13, affirming 2005 WI App 215 For Pharm: Jon G. Furlow, Nia Enemuch-Trammell,Roisin H. Bell (Pro Bono) Issue/Holding: The IAD applies only during “imprisonment,” and is therefore inapplicable to “parole”: ¶25 Pharm also argues that his Nevada parole is “imprisonment,” as that term is used in the IAD. […]
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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.