Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
Sentencing Review – Articulation of Factors by Trial Court
State v. Jeremy D. Russ, 2006 WI App 9 For Russ: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶14 This court observes a strong policy of deferring to the sentencing discretion of a trial court, presuming the sentence to be reasonable unless the defendant can demonstrate from the record that the court acted unreasonably. State v. […]
Counsel – Conflict of Interest – Waiver of Conflict by Defendant, Generally
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: A trial court may, but is not required to, override a defendant’s waiver of the right to conflict-free representation, and in this instance the trial court properly questioned the defendant and ascertained that he was knowingly and voluntarily waiving […]
Conflict between (Indisputably) Unambiguous Oral Pronouncement and Written Judgment
State v. Carla L. Oglesby, 2006 WI App 95 For Oglesby: Timothy T. Kay Issue/Holding: ¶15 … [T]he trial court’s oral pronouncement imposed a two-year term of probation in 2004CM401. Despite this clear and unequivocal statement, the judgment of conviction recited a probation term of six years. ¶16 When an unambiguous oral pronouncement at sentencing […]
Conflict between Ambiguous Oral Pronouncement and Written Judgment – Sentencing Court’s Silence on Matter of Consecutive or Concurrent – Determination of Sentencing Court’s Intent, Presumption of Concurrency
State v. Carla L. Oglesby, 2006 WI App 95 For Oglesby: Timothy T. Kay Issue/Holding: The test for statutory construction – whether the language is capable of being understood by reasonably informed persons in different ways – applies to determination of a sentencing court’s intent; where the parties staked out different sentencing positions but the sentencing […]
Counsel – Conflict of Interest – Waiver of Conflict by Defendant, Amounts to Waiver of Claim of Deficient Performance
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: ¶15 Dion contends that he was denied effective assistance of counsel because his counsel’s law firm also represented his co-defendant brother Douglas. … While there is no Wisconsin case law directly on point, the State cites federal cases […]
Counsel – Ineffective Assistance – (Cross-)Examination of Witness with Respect to Immunity Grant
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: Counsel’s cross-examination of state’s witness testifying under a grant of immunity was adequate where it revealed that the witness’s motivation for testifying was a desire to receive leniency on his pending charges, ¶22; and, also where any confusion about […]
Counsel – Ineffective Assistance – Examination of Witness – Open-Ended Question
State v. Roberto Vargas Rodriguez, 2006 WI App 163, PFR filed 8/28/06 For Rodriguez: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶39 Questions that call for a narrative are generally improper because they do not alert court and counsel to the subject about which the witness is about to testify. There are exceptions, however, and whether […]
Counsel – Ineffective Assistance – Deficient Performance: Failure to Litigate Suppression Motion in Preference to Accepting Plea Offer
State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06 Milanes: Joan M. Boyd Issue/Holding: Counsel’s failure to litigate a (Miranda) suppression motion was not deficient where the issue turned purely on a credibility dispute between defendant and the detective and pursuit of the motion would have required rejecting a favorable offer, ¶¶15-16.
Counsel – Ineffective Assistance – Deficient Performance: Adequate Investigation — Alibi Defense
State v. Eric D. Cooks, 2006 WI App 262 For Cooks: Joseph E. Redding Issue/Holding: ¶50 Cooks, as the trial court found, provided Barth with the names of alibi witnesses and Barth had Cooks testify to his alibi. However, Barth failed to investigate the potential alibi witnesses and argue Cooks’ alibi to the jury. Barth […]
Counsel – Ineffective Assistance – Deficient Performance: Adequate Investigation – Failure to Pursue NGI Defense
State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06 For Milanes: Joan M. Boyd Issue/Holding: Failure to pursue an NGI defense wasn’t deficient: ¶19 … The evidence in support of Milanes’ claim is remarkably weak; the strongest piece of evidence is the report of his psychiatric expert, which contains a conclusory statement that Milanes […]
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.