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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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Arrest – Test for Custody – Suspect Held in Locked Room More Than Five Hours
State v. Cesar Farias-Mendoza, 2006 WI App 134 For Farias-Mendoza: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: A suspect who had agreed to be transported to police headquarters for questioning was arrested within the meaning of the fourth amendment once the police left him unattended for over five hours in a locked room: ¶23 We disagree […]
Attenuation of Taint — Statements — After Illegal Arrest
State v. Cesar Farias-Mendoza, 2006 WI App 134 For Farias-Mendoza: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: The “causal chain” between the defendant’s illegal arrest and his statement wasn’t attenuated where: he gave the statement within 25 minutes of the circumstance establishing the arrest, ¶¶28-29; there were no intervening circumstances, ¶¶30-31; and, there were suggestions of […]
Consent — Acquiescence — Generally
State v. Jed A. Giebel, 2006 WI App 239 For Giebel: Robert E. Bellin, Jr. Issue/Holding: ¶12 The test for voluntariness asks whether consent was given in the “absence of actual coercive, improper police practices designed to overcome the resistance of a defendant.” State v. Clappes, 136 Wis. 2d 222, 245, 401 N.W.2d 759 (1987). In making […]
Consent — Acquiescence — Assertion of Subpoena
State v. Jed A. Giebel, 2006 WI App 239 For Giebel: Robert E. Bellin, Jr. Issue: Whether Giebel’s “consent” to a search of his computer, in response to a police claim of a subpoena and accompanied by an expression that Giebel assumed he had no choice, was voluntary or mere acquiescence to asserted police authority. Holding: ¶17 […]
Judicial Bias — Generally, Structural Error
State v. Justin D. Gudgeon, 2006 WI App 143, PFR filed 7/14/06 For Gudgeon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶10 A biased tribunal, like the lack of counsel, constitutes a “structural error.” See id. at 8; Franklin v. McCaughtry, 398 F.3d 955, 961 (7th Cir. 2005); State v. Carprue, 2004 WI 111, ¶59, 274 Wis. 2d 656, 683 N.W.2d […]
Recusal – Judicial Bias: Prejudgment of Issue
State v. Roberto Vargas Rodriguez, 2006 WI App 163, PFR filed 8/28/06 For Rodriguez: Donna L. Hintze, SPD, Madison Appellate Issue: Whether, given the trial judge’s statement at sentencing that defendant’s counsel had in fact provided competent representation, established prejudgment of the issue such that recusal was required for the subsequent postconviction assertion of ineffective assistance of […]
Judicial Bias — Test — Objective Bias
State v. Justin D. Gudgeon, 2006 WI App 143, PFR filed 7/14/06 For Gudgeon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶21 The second component, the objective test, asks whether a reasonable person could question the judge’s impartiality. Franklin, 398 F.3d at 960; Walberg, 109 Wis. 2d at 106-07 (looks to whether partiality can “reasonably be questioned”). Actual […]
Judicial Bias — Prejudgment of Issue in Controversy
State v. Justin D. Gudgeon, 2006 WI App 143, PFR filed 7/14/06 For Gudgeon: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether a judge’s instruction to a probation agent, who asked that probation not be extended, “No—I want his probation extended,” evinced judicial bias so as to taint the judge’s subsequent extension order. Holding: While the judge’s comment […]
Search & Seizure – Applicability of Exclusionary Rule: Private / Government Search: Administration of Laxative to Arrestee at Hospital
State v. Tomas Payano-Roman, 2006 WI 47, reversing 2005 WI App 118 For Payano-Roman: Timothy A. Provis Issue: Whether the administration to an arrestee of a laxative at a hospital was under 4th amendment constraints because of the involvement of the police (including keeping the defendant handcuffed in the hospital room; police administration of the laxative; their palpable goal […]
Search & Seizure – Applicability of Exclusionary Rule: Private / Government Search, Generally
State v. Tomas Payano-Roman, 2006 WI 47, reversing 2005 WI App 118 For Payano-Roman: Timothy A. Provis Issue/Holding: ¶17 … Private searches are not subject to the Fourth Amendment’s protections because the Fourth Amendment applies only to government action. State v. Rogers, 148 Wis. 2d 243, 246, 435 N.W.2d 275 (Ct. App. 1988) ….¶18 The court of appeals in Rogers stated three […]
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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.