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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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Interlocutory Appeal — Double Jeopardy Issue
State v. Barbara E. Harp, 2005 WI App 250 For Harp: Aaron N. Halstead, Kathleen Meter Lounsbury, Danielle L. Carne Issue/Holding: ¶1, n. 3: We grant Harp’s petition because the mistrial order implicates her right against double jeopardy. “Given the serious constitutional questions raised by claims of double jeopardy, review of such orders will often […]
TPR – State’s Appeal, by GAL
State v. Lamont D., 2005 WI App 264 Issue/Holding: ¶1 n. 4: Lamont argues that this court does not have jurisdiction over this matter because the guardian ad litem filed the notice of appeal and the State simply joined in the appeal instead of the other way around. We reject Lamont’s contention. WISCONSIN STAT. § 48.235(7) […]
Postconviction Motions – § 974.06, Serial Litigation Bar
State v. Tommie Thames, 2005 WI App 101 Pro se Issue/Holding: ¶12 We conclude that Thames’s arguments are procedurally barred. Thames has raised essentially the same issues he raised in his direct appeal and in his 1997 Wis. Stat. § 974.06 motion. The fact that Thames’s appeal of the trial court’s order denying his 1997 § 974.06 […]
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 […]
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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.