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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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Sentence credit – As Means to Satisfy Court-Ordered Costs
State v. Ryan E. Baker, 2005 WI App 45, PFR filed 3/17/05 For Baker: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Sentence credit may not be used to satisfy court costs, where costs were imposed under provisions which do not grant authority to waive or otherwise avoid their imposition: ¶11 We turn now to whether credit for pre-sentence […]
Evidentiary Hearing – IAC Claim – Trial Court Discretion to Deny
State v. David J. Roberson, 2005 WI App 195 For Roberson: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶11 A circuit court acts within its discretion in denying without a Machnerhearing a postconviction motion based on ineffective assistance of counsel when: (1) the defendant has failed to allege sufficient facts in the motion to raise a question […]
Reconstruction of Missing Transcript – Counsel-Waiver Proceeding
State v. Joseph P. DeFilippo, 2005 WI App 213 For DeFilippo: Leonard D. Kachinsky Issue/Holding: To be valid, waiver of right to counsel in criminal trial proceeding must be supported by adequate record, ¶5 (citing State v. Klessig, 211 Wis. 2d 194, 203-04, 564 N.W.2d 716 (1997)). Where, as here, the record fails to make such a […]
Sealed File
State v. John Doe, 2005 WI App 68 For John Doe: Amelia L. Bizzaro (the court file has been ordered sealed, and the caption amended “to shield the defendant’s identity”) Issue/Holding: ¶11. We next address the defendant’s allegation that the trial court erroneously exercised its discretion when it denied his request to file his sentence modification […]
Appellate Procedure – Waiver of Argument: Confrontation – Relevance Objection Insufficient
State v. Mahlik D. Ellington, 2005 WI App 243 For Ellington: Andrea Taylor Cornwall Issue/Holding: An objection on relevancy grounds does not preserve a confrontation-based argument, ¶14.
Restitution — Limitations — Time Limit
State v. Scott Edward Ziegler, 2005 WI App 69 For Ziegler: Martha K. Askins, SPD, Madison Appellate Issue: Whether a trial court retains authority to order restitution 14 years after entering a “to be determined” restitution order in the original judgment of conviction. Holding: ¶11. As we have repeatedly explained, “Restitution is governed by Wis. Stat. § 973.20, which […]
Waiver of Issue: Challenge to Delinquency Placement Order, Timeliness
State v. Tremaine Y., 2005 WI App 56, PFR filed 3/4/05 For Tremaine: Robert W. Peterson, Samantha Jeanne Humes, SPD, Milwaukee Trial Issue: Whether challenge to an earlier change-of-placement delinquency order, as a means of challenging the jurisdictional basis for the current ch. 980 commitment petition, comes too late to be entertained. Holding: ¶8 The […]
Waiver of Issue: Failure to Obtain Ruling by Trial Court on Objection
State v. Somkith Neuaone, 2005 WI App 124 For Neuaone: Ralph Sczygelski Issue/Holding: Where the State admitted to breaching the plea bargain, and the defendant was explicitly offered the option of seeking plea-withdrawal but personally affirmed that he did not wish that remedy, the appellate court has “nothing to review on this issue since the trial […]
Waiver of Issue: Unobjected-to jury instruction – Discretionary Authority to Review
State v. William E. Draughon III, 2005 WI App 162, (AG’s) PFR filed For Draughton: Stephen L. Miller Issue/Holding: ¶8 n. 2: We observe that Draughon did not object to the jury instruction when provided the opportunity by the circuit court. Draughon nonetheless raises his objection here under color of his ineffective assistance of counsel […]
Appellate Procedure – Standard of Review, Generally
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶7. … The three standards of appellate review of circuit court decisions have been stated numerous times, although case law has articulated sub-principles and different ways […]
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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.