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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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Possession with Intent to Deliver, §§ 961.41(1m), 961.01(6) – Sufficiency Of Evidence of Intent to Deliver
State v. Rickey Eugene Pinkard, 2005 WI App 226 For Pinkard: John J. Grau Issue/Holding: Someone holding drugs for another person and planning to return the drugs to that person intends to deliver within the meaning of § 961.41(1m). State v. Smith, 189 Wis. 2d 496, 525 N.W.2d 264 (1995) (conspiracy to deliver not supported where only […]
Plea-Withdrawal – Pre-Sentence – Generally
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶11 “A defendant seeking to withdraw a plea of guilty or no contest prior to sentencing must show that there is a ‘fair and just reason,’ for allowing him or her to withdraw the plea.” State v. Kivioja, […]
Plea-Withdrawal – Pre-Sentence – Claimed Lack of Understanding Between No-Contest and Guilty Plea
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue/Holding: ¶10 Here, the record reflects that Morse failed to demonstrate either a statutory or a Bangert violation. The plea hearing addressed all the appropriate issues and contains no statutory violations. The plea was extensive and complete. The fact that Morse […]
Plea-Withdrawal – Pre-Sentence – “Fair and Just” Reason: Ignorance of Eligibility for Ch. 980 Commitment
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: Given that the record established Nelson’s ignorance of the potential for commitment as a sexually violent person (ch. 980) as a result of his guilty pleas, the trial court’s conclusion that he presented a “fair and just” reason […]
Plea-Withdrawal – Pre-Sentence – “Substantial Prejudice” to State
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue: Whether, after Nelson demonstrated a “fair and just” reason for pre-sentencing plea withdrawal, the State satisfied is concomitant burden of showing “substantial prejudice” in order to defeat the motion, where the principal complainant could no longer be found. […]
Appeals — Harmless Error — Suppression Appeal
State v. Xavier J. Rockette, 2005 WI App 205 For Rockette: Timothy A. Provis Issue/Holding: Issue/Holding: Trial court’s error in refusing to order suppression of statement was harmless under § 971.31(10), under following circumstances: ¶27 We conclude that the result in this case would have been the same beyond a reasonable doubt even if the […]
Plea-Withdrawal – Pre-Sentence – Newly Discovered Evidence
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue: Whether Morse was entitled to plea-withdrawal on the basis of claimed newly discovered evidence, in the form of taped jail conversations between inmates discussing his case, and certain police reports. Holding: The trial court’s findings that the tapes were inadmissible […]
Plea-Withdrawal, Post-sentencing – Procedure – Pleading Requirements – Sexual Assault
State v. Monika S. Lackershire, 2005 WI App 265, reversed, 2007 WI 74 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue: Whether Lackershire, an adult female convicted of sexual assault (intercourse) of a child, established a prima facie case for plea-withdrawal due to lack of adequate understanding of the elements. Holding: ¶8 Initially, we note that in […]
Compulsory School Attendance, § 118.15(5)(b)2
State v. Gwendolyn McGee, 2005 WI App 97 For McGee: Amelia L. Bizarro Issue/Holding: The disobedient-child defense to a compulsory-attendance charge is an affirmative defense issue to be presented to the fact-finder at trial for resolution (as opposed to disposition by pretrial motion).
§ 901.07, Completeness Doctrine — Triggered by Accusation Witness Engaged in “Systematic” Lying
State v. Tyrone Booker, 2005 WI App 182 For Booker: Jeffrey W. Jensen Issue/Holding: Defense cross-examination focusing on inconsistencies in statements of the alleged victim permitted the State to read her entire first statement to the jury under the completeness doctrine; State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997), followed: […]
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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.