On Point

In a series of recent cases, the supreme court has joined what it terms “the ‘new federalism’ movement,” State v. Knapp (II), 2005 WI 127, ¶84 and id., n. 20 (Crooks, J., conc. w/ majority support of 4 votes), which refers to a tendency to look first to the state constitution and assign greater rights […]

State v. Jerrell C.J., 2005 WI 105, reversing 2004 WI App 9 For Terrell C.J.: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: (Concurrence of Chief Justice, but one that marshals majority of votes, hence represents holding:) ¶66      The powers of the Wisconsin Supreme Court are defined in several ways and have diverse origins.  Some are […]

State v. Derek Anderson, 2005 WI 54, on certification For Anderson: Neil C. McGinn, SPD, Milwaukee Trial; Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: Venue, § 971.19(1), requires trial in the county where the crime was committed; bindover proof of venue in a first-degree intentional homicide was sufficient (taking the inferences in favor of bindover) to show that […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]