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
Double Jeopardy – Prosecutorial Misconduct – Provoking Mistrial – Ascribing to Prosecutor Misconduct by State’s Witness<
State v. Jose M. Jaimes, 2006 WI App 93, PFR filed 5/11/06 For Jaimes: Joseph L. Sommers Issue/Holding: ¶11 Next, Jaimes argues that the prosecutor’s responsibility to avoid provoking a mistrial must extend to the law enforcement officers who testify at trial …. In effect, Jaimes argues that the officer’s testimony must be imputed to the […]
Enhancer – Proof – CCAP Entries
State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether CCAP entries can satisfy the State’s burden of proving a repeater allegation. Holding: Although the rules of evidence do not apply to proof of a repeater and a prior conviction need not be proved […]
Double Jeopardy – Bar on Retrial: Mistrial over Defense Objection – Counsel Held in Contempt (Itself Later Reversed on Appeal)
State v. Otis G. Mattox, 2006 WI App 110 For Mattox: Scott D. Obernberger Issue: Whether grant of mistrial over objection, after defense counsel was held in contempt for supposedly violating a court order with respect to questioning a witness, was manifestly necessary so as to permit retrial. Holding: ¶19 As noted, the chief concerns of […]
Enhancer – Pleading – Post-Plea Amendment
State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether post-plea amendment of the repeater allegation to change its basis prejudiced the defendant hence was improper. Holding: ¶31 It is the State’s burden to prove that Bonds was not prejudiced and Wis. Stat. […]
Waiver – Closing Argument: Failure to Move for Mistrial
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Failure to move for mistrial waives objection to closing argument, ¶28, citing State v. Dale H. Davidson, 2000 WI 91, ¶86, 236 Wis. […]
Due Process – Exculpatory Evidence, Failure to Disclose – Impeachment: Not Material, Where Cumulative
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 (prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Failure to disclose evidence that a prosecution witness had falsely implicated Rockette in another homicide did not violate Brady, because it would not have had an impact on the […]
Enhancer – Pleading – Generally
State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶30 When considered together, this precedent establishes the following principles: (1) The purpose of the allegations of repeater status in a charging document is to provide the defendant with sufficient notice of the […]
Due Process – Identifcation Procedure – Show-up – “Accidental” Encounter
State v. Brian Hibl, 2006 WI 52, reversing 2005 WI App 228 For Hibl: Joel H. Rosenthal Issue: Whether an identification resulting from an “accidental” encounter between witness and defendant in a courthouse hallway immediately before trial is suppressible, in the absence of any evidence that this incident involved a law enforcement procedure directed at obtaining an identification. […]
Due Process – Right to Present Defense – Generally: Limited to Relevant Evidence
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶33 The Sixth Amendment and Due Process Clause right to present a defense requires that a defendant be allowed to introduce relevant evidence, subject to reasonable restrictions. … ¶34 The right to present a defense does not require that […]
Due Process – Right to Present Defense – Prosecution Witness’s Attempts to Curry Favor in Other Cases – Cumulative to Credibility
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Excluding evidence that in other, unrelated instances a witness had lied to the police in an attempt to curry favor in his own criminal cases did violate Rockette’s […]
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.