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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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Double Jeopardy – Retrial Following Mistrial over Defense Objection
State v. Richard A. Moeck, 2005 WI 57, affirming 2004 WI App 47 For Moeck: David D. Cook Issue/Holding1: ¶37 A mistrial is warranted if the mistrial is “manifestly necessary.” The State bears the burden to demonstrate that a “‘manifest necessity’ [exists] for any mistrial ordered over the objection of the defendant.” A “manifest necessity” warranting a […]
Double Jeopardy – Retrial Following Mistrial over Defense Objection, Generally
State v. Barbara E. Harp, 2005 WI App 250 For Harp: Aaron N. Halstead, Kathleen Meter Lounsbury, Danielle L. Carne Issue/Holding: ¶13 The Fifth Amendment to the United States Constitution and article I, section 8 of the Wisconsin Constitution prevent the state from trying a defendant multiple times for the same offense. [4] “[G]iven the importance of […]
Due Process – Identification Procedure – Show-up
State v. Tyrone L. Dubose, 2005 WI 126 For Dubose: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the test for admissibility of a pretrial showup should be changed. (“A ‘showup’ is an out-of-court pretrial identification procedure in which a suspect is presented singly to a witness for identification purposes.” ¶1, n. 1, quoting State v. Wolverton, 193 […]
Enhancement – OWI Prior, Collateral Attack – Procedure
State v. Alan J. Ernst, 2005 WI 107, on certification For Ernst: Jeffrey W. Jensen Issue1: Whether violation of the standards mandated by State v. Klessig, 211 Wis. 2d 194 ¶24, 564 N.W.2d 716 (1997) for valid waiver of counsel supports a collateral attack on a prior conviction. Holding1: ¶25 … For there to be a valid collateral […]
Warrants – Good-faith Exception – “Indicia” of Probable Cause, Generally
State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219 For Marquardt: John Brinckman; Patricia A. Fitzgerald Issue/Holding: The good-faith exception is inapplicable when indicia of probable cause are so lacking as to render official belief in its existence unreasonable. This inquiry is distinct from the question of whether the supporting facts […]
Warrants – Good-faith Exception – Sufficient Indicia of Probable Cause
State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219 For Marquardt: John Brinckman; Patricia A. Fitzgerald Issue/Holding: The search warrant was supported by sufficient “indicia of probable cause” to trigger the good-faith exception, including the following: Marquardt had not been seen for two days following his mother’s homicide, raising suspicion about […]
Arrest – Search-Incident, Generally
State v. Michael D. Sykes, 2005 WI 48, affirming unpublished decision of court of appeals For Sykes: Jeffrey J. De La Rosa Issue/Holding: Where the police had probable cause to arrest for criminal trespass, they did not have to subjectively intend to arrest the person for that offense in order to perform a search incident to arrest. And, though […]
Grounds — Abandonment by Biological Parent, Occurring Prior to Adjudication as Parent, as Ground for Termination, §§ 48.02(13), 48.415(1)(a)3
State v. James P., 2005 WI 80, affirming, 2004 WI App 124 Issue: Whether biological father’s parental rights could be terminated on the ground of “abandonment” where he was not adjudicated as father until after alleged periods of abandonment. Holding: ¶15 We hold that an individual who is in fact the biological father of a […]
Competency of Court and Time Limit, § 48.422(2)
Sheboygan County DSS v. Rachel B., 2005 WI 84, reversing unpublished decision IssueWhether competency challenge to a TPR proceeding is waived under § 48.422(2) if not first raised in circuit court. Holding: ¶2 We conclude such a competency challenge based on the violation of the statutory time limitation of Wis. Stat. § 48.422(2) cannot be waived, even though […]
Plea-Withdrawal, Post-sentencing — Procedure — Pleading Requirements for Evidentiary Hearing on Bangert Motion Relative to Nature of Charge
State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶59 To earn a Bangert evidentiary hearing, a defendant must satisfy a second obligation. In addition to making a prima facie case that the circuit court erred in the plea colloquy, a defendant must allege he did not enter […]
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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.