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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.
Confrontation – Witness Testifying Behind Screen – Thomas Surviving Crawford
State v. Fred V. Vogelsberg, 2006 WI App 228 (Cert. petition filed, Case No. 06-1253)
For Vogelsberg: Timothy A. Provis
Issue1: Whether the holding of State v. Thomas, 150 Wis. 2d 374, 394, 442 N.W.2d 10 (1989) (witness may testify behind screen upon showing of necessity) survives Crawford v. Washington, 541 U.S. 36 (2004).
Wisconsin Constitution – Construction – “New Federalism” – Art. I, § 11: “Actually Yielded to Authority” Test for Seizure
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
¶19 … (T)his court ordinarily adopts and follows the Fourth Amendment jurisprudence of the United States Supreme Court.…
¶27 Young, however, argues that we should reject Hodari D. and interpret Article I,
Conflict of Interest – Representation of Defendant by Prosecutor in Prior Case – Generally
State v. Christopher M. Medina, 2006 WI App 76
For Medina: Daniel P. Ryan
Issue/Holding: A claim that the prosecutor represented the defendant in a prior case may be raised in a pretrial motion to disqualify the prosecutor, which requires a showing that “the subject matter of the two representations are ‘substantially related,’” ¶15, quoting State v. Tkacz, 2002 WI App 281,
Counsel – Conflict of Interest – Representation of Defendant by Prosecutor in Prior Case – Pretrial Motion to Disqualify, Timeliness
State v. Christopher M. Medina, 2006 WI App 76
For Medina: Daniel P. Ryan
Issue: Whether a motion to disqualify a prosecutor because of representation of defendant in a prior case, brought immediately before jury selection, may be deemed waived on timeliness grounds.
Holding:
¶24 We conclude the circuit court may, in the proper exercise of its discretion, deny a motion to disqualify a prosecutor under the substantial relationship standard if the motion is untimely.
Counsel – Conflict of Interest – Representation of Defendant by Prosecutor in Prior Case – Postconviction Motion to Disqualify – Actual Conflict Required
State v. Christopher M. Medina, 2006 WI App 76
For Medina: Daniel P. Ryan
Issue/Holding:
¶33 The circuit court here accepted the district attorney’s testimony that he did not remember any conversation with Medina during the prior representation. It also found that the district attorney did not refer to any information at sentencing from the prior representation that was not a matter of public record.
Review – Factors – Gallion – Generally
State v. Chad W. Ziegler, 2006 WI App 49, PFR filed 3/13/06
For Ziegler: Kenneth P. Casey, UW Law School
Issue/Holding:
¶32 We conclude that the trial court’s sentencing remarks satisfy Hall as to the reasons for the consecutive sentences and Gallion as to the reasons for the length of the sentence. As noted, the trial court engaged in a thorough and exhaustive examination of the relevant sentencing objectives and factors.
Sentencing – Applicability of TIS to Crime not Completed until Advent of TIS II
State v. Ronnie L. Thums, 2006 WI App 173
For Thums: Paul G. LaZotte, SPD, Madison Appellate
Issue: Whether an offense which was partially committed during the TIS-I regime but not completed until advent of TIS-II comes under the former or latter sentencing regime.
Holding:
¶11 Thums had not committed the crime of stalking with a dangerous weapon during TIS-I. He therefore did not become subject to the TIS-I penalties during TIS-I.
Review – Exercise of Discretion – Generally
State v. Jack W. Klubertanz, 2006 WI App 71, PFR filed 4/14/06
For Klubertanz: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
¶21 We conclude that the circuit court here properly exercised its sentencing discretion under the standards set forth in Gallion. The court identified the objectives it sought to achieve with the sentence it imposed: punishing Klubertanz, protecting the public,
Sentencing – Review – Factors – Gallion – Generally
State v. Chad W. Ziegler, 2006 WI App 49, PFR filed 3/13/06
For Ziegler: Kenneth P. Casey, UW Law School
Issue/Holding:
¶23 The principal objectives of a sentence include, but are not limited to, the protection of the community, the punishment of the defendant, rehabilitation of the defendant, and deterrence to others. Id., ¶40. A sentencing court should indicate the general objectives of greatest importance and explain how,
Sentencing Review – Factors – TIS, pre-Gallion – Generally
State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order
For Taylor: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
¶17 The standards governing appellate review of an imposed sentence are well settled. [9] A circuit court exercises its discretion at sentencing, and appellate review is limited to determining if the court’s discretion was erroneously exercised.
…
¶27 All told,
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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.