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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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Jury – Selection – Bias / Disqualification – Employment by DA’s Office
State v. Dale L. Smith, 2006 WI 74, affirming unpublished decision For Smith: Allison Ritter Issue/Holding: ¶16 The sole question we must address on appeal is whether Smith was denied the right to an impartial jury by the circuit court’s refusal to strikeCharlotte for cause. Smith argues that Charlotte should have been disqualified as objectively biased because […]
SVP – Trial: Evidence — Disposition Alternatives – Criminal Justice System Supervision Irrelevant
State v. Charles W. Mark, 2006 WI 78, affirming 2005 WI App 62, 2005 WI App 62 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether evidence of probation supervision was relevant to future dangerousness, and therefore should have been admitted into evidence. Issue: ¶41 … (T)he plain language of Wis. Stat. § 980.01(7) […]
Constitutional Nature of Right to Appeal
State v. Michael J. Parent, 2006 WI 132, on certification For Parent: William E. Schmaal, SPD, Madison Appellate Amicus: Meredith J. Ross & William E. Rosales Issue/Holding: ¶17 Article I, Section 21(1) of the Wisconsin Constitution and Wis. Stat. § 808.03(1) guarantee a person convicted of a crime in Wisconsin the right to appeal his or her conviction […]
No-Merit Report – Generally
State v. Michael J. Parent, 2006 WI 132, on certification For Parent: William E. Schmaal, SPD, Madison Appellate Amicus: Meredith J. Ross & William E. Rosales Issue/Holding: (Procedure generally described, State v. Christopher G. Tillman, 2005 WI App 71, ¶17, quoted with approval, ¶¶18-23; see also ¶¶35-41, taking note of Wilkinson v. Cowan, 231 F.3d […]
Presentence Report – Attorney General’s Right of Access, No-Merit Appeal
State v. Michael J. Parent, 2006 WI 132, on certification For Parent: William E. Schmaal, SPD, Madison AppellateAmicus: Meredith J. Ross & William E. Rosales Issue/Holding: ¶49 We conclude that the attorney general comes under the purview of Wis. Stat. § 972.15(4) and (4m) (2005-06) because, in criminal appeals, the attorney general is often the State’s successor to […]
Sentence Modification – Necessity of Postconviction Motion, Even Following Resentencing
State v. Roger S. Walker, 2006 WI 82, affirming as modified summary order For Walker: James Rebholz Issue/Holding: In order to obtain review, a defendant must file a postconviction motion to modify sentence, even if the event was a re-sentencing which came to the same result as originally imposed. ¶37 In the hope of clarifying […]
Guilty Plea Waiver Rule: Double Jeopardy Issue
State v. Rachel W. Kelty, 2006 WI 101, reversing unpublished decision For Kelty: Michael J. Fairchild Issue/Holding: ¶2 We are asked to decide whether an otherwise satisfactory guilty plea is sufficient to relinquish a double jeopardy/multiplicity challenge upon direct appeal. We conclude that a guilty plea relinquishes the right to assert a multiplicity […]
Waiver of Issue: Judicial Communications with Jury during deliberations – Defendant’s Right to Presence
State v. Lionel N. Anderson, 2006 WI 77, reversing 2005 WI App 238 For Anderson: Harry R. Hertel Issue/Holding: ¶36 The parties agree with the court of appeals that the circuit court’s communications with the jury outside the presence of the defendant is error, violating the defendant’s constitutional and statutory right to be present. We […]
Standards of Review: Administrative Body – Construction of Constitutional Provision
Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14 By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a […]
Appellate Procedure – Harmless Error: Denial of Right to Counsel – TPR
State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55 For Shirley E.: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: ¶63 Depriving a parent of the statutory right to counsel in a termination of parental rights proceeding deprives the parent of a basic protection without which, according to our legislature, a termination of […]
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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.