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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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Constitutional Defenses – Due Process and Strict Liability: Fraud-Induced Mistake-of-Age Defense to Sexual Assault of Minor
State v. Todd M. Jadowski, 2004 WI 68, on certification For Jadowski: Richard Hahn Issue: Whether due process supports an affirmative defense to sexual assault of a minor, § 948.02(2), based on the minor’s intentional misrepresentation of his or her age. Holding: ¶36. Upon reading Wis. Stat. § 948.02(2), we conclude that the statute is clear and […]
Enhancer — TIS-I – Calculation (Confinement vs. Supervision)
State v. Michael D. Jackson, 2004 WI 29, affirming unpublished decision of court of appeals For Jackson: Joseph E. Schubert Issue: Whether penalty enhancement of a TIS-I sentence, § 973.01(2) (1997-98), applies to the confinement portion alone, or to the total term of imprisonment (including extended supervision), of a bifurcated sentence. Holding: ¶17. The key to understanding the applicability of […]
Due Process – Notice, Generally
Amy Z. v. Jon T., 2004 WI 73 For Jon T.: Geoffrey Dowse Issue/Holding: ¶20. Due process requires that the notice provided reasonably convey the information required for parties to prepare their defense and make their objections. Bachowski v. Salamone, 139 Wis. 2d 397, 412, 407 N.W.2d 533 (1987). ¶21. The guardian argues that Jon should […]
Substantive Due Process, Generally
Monroe Co. DHS v. Kelli B., 2004 WI 8, affirming 2003 WI App 88, 263 Wis. 2d 413, 662 N.W.2d 360 For Kelli B.: Timothy A. Provis Issue/Holding: ¶19 Kelli asserts that the statute, as applied to her, violates her constitutional right to substantive due process. This right emanates from the Fourteenth Amendment of the Constitution. In […]
Right to Counsel – Change of Counsel
State v. Derryle S. McDowell, 2004 WI 70, affirming 2003 WI App 168, 266 Wis. 2d 599, 669 N.W.2d 204 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John A. Pray, Frank Remington Center & WACDL Issue/Holding: ¶66. The final issue we consider is whether the circuit court erred in failing to permit McDowell […]
Counsel – Ineffective Assistance – Deficient Performance – Examination of Witness – Defendant’s Perjurious Testimony
State v. Derryle S. McDowell, 2004 WI 70, affirming 2003 WI App 168; habeas relief denied, McDowell v. Kingston, 497 F.3d 757 (7th Cir 2007) For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John A. Pray Issue/Holding: (Given the significance of the holding, at-length quoting is required in regard to counsel’s performance obligations relative to a client whose testimony […]
Reasonable Suspicion Issues – Frisk – Subjective Appreciation of Danger
State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶22 … The State’s principal position is two-fold: First, the State argues that an officer’s “subjective fear of the suspect” being searched, as the state poses the issue, is not a prerequisite to a valid […]
§ 940.225(2)(a), Second-Degree Sexual Assault – Sufficiency of Evidence – Timing of Force Element
State v. Obea S. Hayes, 2004 WI 80, affirming 2003 WI App 99, 264 Wis. 2d 377, 663 N.W.2d 351 For Hayes: Philip J. Brehm: Issue/Holding: ¶64. We agree with the court of appeals that M.M.’s testimony did not follow a chronological order. A reasonable factfinder could, however, draw the inference that the defendant verbally […]
Bail Jumping, § 946.49(1)(b) – Generally
State v. Daniel Wyatt Henning, 2004 WI 89 For Henning: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: ¶39. In Wisconsin, bail jumping and the crime underlying a bail jumping charge are distinct and separate offenses for purposes of the Double Jeopardy Clause. State ex rel. Jacobus v. State, 208 Wis. 2d 39, 53, 559 N.W.2d 900 (1997) (citing State v. Harris, […]
Sexual Assault, § 948.02(2) — Defense of Deceitfully Misleading Defendant as to Minor’s Age
State v. Todd M. Jadowski, 2004 WI 68, on certification For Jadowski: Richard Hahn Issue: Whether a minor sexual assault complainant’s intentional misrepresentation of his or her age supports an affirmative defense to § 948.02(2) sexual assault. Holding: ¶19. The defendant acknowledges that Wis. Stat. §§ 948.02(2), 939.23, and 939.43(2) prohibit an actor from raising […]
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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.