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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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Plea Bargains — Validity: Waiver of Right to Appeal or Collateral Attack
State v. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06 For Bembenek: Joseph F. Owens, Woehrer, Mary L. Issue: Whether Bembenek’s postconviction motion for DNA testing at State’s expense, as part of an effort to establish her innocence, was barred by her plea agreement whose terms included waiver of her right to direct […]
Deferred Prosecution Agreement (Domestic Abuse), § 971.37 – Validity
State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25 For Daley: Kirk B. Obear Issue/Holding: A deferred prosecution agreement, whereby the defendant enters no contest pleas but entry of judgment of conviction is stayed, conditioned on compliance […]
Particular Examples of Misconduct, § 904.04(2) – Bias of Prosecution Witness
State v. Walter T. Missouri, 2006 WI App 74 For Missouri: Jeffrey W. Jensen Issue: Whether evidence of police officer Mucha’s mistreatment of a 3rd-party (Scull) in an otherwise unrelated but similar instance was admissible to further defendant Missouri’s claim that Mucha was untruthful in denying physical abuse against and planting evidence on Missouri. Holding: This evidence […]
Particular Examples of Misconduct, § 904.04(2) – “Reverse” Misconduct – Misidentification of Defendant on Similar Crime
State v. Bruce T. Davis, 2006 WI App 23 For Davis: Russell Bohach Issue/Holding: Evidence that Davis was misidentified as the perpetrator of a crime he could not have committed but which was similar to the crimes he was tried for was admissible: ¶28 Looking at the first factor, the State concedes that this witness’s testimony was […]
§ 904.04 – Greater Latitude Rule in Sexual Assaults, Generally
State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: ¶14 … The supreme court has provided significant guidance concerning the use of other acts evidence in child sexual assault cases. In State v. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, the court discussed the three-step framework, which […]
§ 904.04 – Greater Latitude Rule in Sexual Assaults — Admissibility of Assault by One Child on Another Child 8 Years Before Charged Offense
State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: ¶20 We cannot conclude that the allegations are sufficiently factually similar to justify admission of Janis’s testimony as other acts evidence. Assuming the truthfulness of both Sasha and Janis for purposes of this analysis, we conclude that a single assault, by […]
Guilty Pleas – Required Knowledge — Deportation — Detainer Filed in Another Case
State v. Javier Bedolla, 2006 WI App 154, (AG’s) PFR filed 7/26/06 For Bedolla: Susan E. Alesia Issue: Whether the defendant failed to show likelihood of deportation, so as to entitle him to plea withdrawal under § 971.08(1)(c), where a detainer had already been filed against him in another case which would also subject him to deportation. […]
Guilty Pleas – Factual Basis – Use of Complaint, Generally
State v. Wayne A. Sutton, 2006 WI App 118, PFR filed 6/18/06 For Sutton: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶16 Sutton next argues that the circuit court erred in accepting his plea on the charge of first-degree recklessly endangering safety because there was not a sufficient factual basis for that charge. When we review […]
Guilty Pleas – Factual Basis – Particular Instances: Obstructing (“Lawful Authority” of Police Officer)
State v. Anna Annina, 2006 WI App 202 For Annina: Robert R. Henak Issue/Holding: Although police entry into the defendant’s house was pursuant to a search warrant later declared to be invalid, the defendant’s acts in response to that entry amounted to disorderly conduct which did allow for an arrest under lawful police authority; defendant […]
Guilty Pleas – Factual Basis – Generally
State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: ¶10 … Before accepting a guilty plea the trial court must make such inquiry as satisfies it that the defendant in fact committed the crime charged. Wis. Stat. § 971.08(1)(b). The remedy for failure to establish a factual basis is […]
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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.