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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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Stop – Basis – Test: Failure to Yield to Authority / Hodari D.
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶26 Under Hodari D. and Kelsey, an uncomplied-with show of authority cannot constitute a seizure. … … ¶37 Mendenhall is the appropriate test for situations where the question is whether a person submitted to a police show of authority […]
Exposing Minors to Harmful Materials, § 948.11(2) — Sufficiency of Evidence — Failure to Expose Those Alleged Materials to Jury
State v. Tyrone Booker, 2006 WI 79, reversing 2005 WI App 182 For Booker: Jeffrey W. Jensen Issue: Whether conviction under § 948.11, exposing child to harmful materials, can be sustained where the jury heard the children’s and a detective’s descriptions of the videotape but did not themselves view it. Holding: ¶25 When we view […]
Arrest — Search Incident to Arrest — “Laxative Search”
State v. Tomas Payano-Roman, 2006 WI 47, reversing 2005 WI App 118 For Payano-Roman: Timothy A. Provis Issue: Whether post-arrest administration of a laxative, in order to recover a substance the arrestee had swallowed was an unreasonable intrusion, such that the result was suppressible. Holding: ¶36 More helpful than border search jurisprudence is Winston v. Lee, 470 U.S. 753 […]
(State) Habeas Procedure, Generally
State ex rel Marvin Coleman v. McCaughtry, 2006 WI 49, reversing and remanding summary order of court of appeals, reconsideration denied, 2006 WI 121 For Coleman: Brian Kinstler Issue/Holding: ¶18 A petition for writ of habeas corpus commences a civil proceeding wherein the petitioner claims an illegal denial of his or her liberty. State ex rel. Zdanczewicz v. Snyder, 131 […]
No-Merit Report – Defendant’s Right to Access PSI
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: ¶30 We reject Parent’s contention that Wis. Stat. § (Rule) 809.32(1)(d) confers an unqualified right for a no-merit appellant to access personally the PSI report. …¶31 But neither are we persuaded by the […]
Appellate Procedure: Finality of Order
State v. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: An order granting the State’s motion to reconsider an SVP’s supervised release was final and appealable: ¶26 We disagree with Schulpius’s characterization of the November 2000 order. Even though the circuit court did not […]
Guilty Pleas – Required Knowledge – Maximum Punishment: Possible Consecutive Sentences
State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: A plea colloquy is not required to caution the defendant that punishment for each of multiple charges could be imposed consecutively, ¶78.
§ 941.23, CCW – As-Applied Constitutionality, in Light of Wis. Const. Art. I, § 25 – Tavern Owner, Gun in Car Console
State v. Scott K. Fisher, 2006 WI 44, on certification For Fisher: Paul B. Millis Issue: Whether the right to bear arms provision of Wis. Const. Art. I, § 25 countenances prosecution for carrying a concealed weapon in a car’s console by a tavern owner who asserted its necessity for security purposes in that he […]
Voluntariness of Plea to Grounds for Termination, Procedure for Challenging, Confusion of Parent
Kenosha Co. DHS v. Jodi W. 2006 WI 93, reversing summary order Issue/Holding: The circuit court must undertake a colloquy with the parent tracking § 48.422(7); the parent must know the rights being waived; and on a challenge to the plea the parent must make a prima facie showing that the colloquy was defective and […]
Juvenile Delinquency — Alternatives to Disposition
State v. Andrew J.K., 2006 WI App 126 For Andrew J.K.: George M. Tauscheck Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that 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.