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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.

Federal Habeas: Procedure — Appellate — Standard of Review, Generally

Alphonso Hubanks v. Frank, 392 F. 3d 926 (04-1043, 12/22/04) For Hubanks: Robert J. Dvorak Issue/Holding: Habeas relief is appropriate pursuant to § 2254(d)(1) if the state court identified the right legal principle as determined by the Supreme Court but unreasonably applied that principle to the facts of the case. The standard for proving an […]

Jury – Selection – “Batson” Issue

State v. George Melvin Taylor, 2004 WI App 81, PFR filed 4/13/04 For Taylor: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶18. Accordingly, we must now turn to the Batson challenge itself. Our supreme court has adopted the Batson principles and analysis. State v. Lamon, 2003 WI 78, ¶22, 262 Wis. 2d 747, 664 N.W.2d 607 (citing State v. Davidson, 166 Wis. 2d 35, […]

Custody — Juvenile Suspect

 A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004) Issue/Holding1: In determining whether a person is “in custody,” the question is whether, examining the totality of the circumstances, a reasonable person in the petitioner’s position would have felt “at liberty to terminate the interrogation and leave.” Thompson v. Keohane, 516 U.S. 99, 112 (1995). In making this […]

Statements – Voluntariness – Juveniles

A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004) Issue/Holding: … In fact, the Supreme Court has consistently recognized that a confession or waiver of rights by a juvenile is not the same as a confession or waiver by an adult. A defendant’s age is an important factor in determining whether a confession is voluntary. …… […]

Constitutional Nature of Right to Appeal

State ex rel. Richard A. Ford v. Holm, 2004 WI App 22, PFR filed 3/1/04 For Ford: James R. Troupis, State Bar Pro Bono Project For Amicus (SPD): Marla Stephens, Director; Patricia K. Flood, First Asst.SPD Issue/Holding: ¶2 A person convicted in Wisconsin of committing a crime has a constitutionally guaranteed right to appeal his […]

Briefs – Citing Unnpublished Opinions

State v. Wallace I. Stenzel, 2004 WI App 181For Stenzel: Martin E. Kohler Issue/Holding: Citation to an unpublished 7th Circuit case is proper, ¶18 n. 6: Wisconsin Stat. Rule 809.23(3) does not prohibit us from citing unpublished opinions from other jurisdictions. Predick v. O’Connor, 2003 WI App 46, ¶12 n.7, 260 Wis. 2d 323, 660 […]

Reconfinement After Revocation of Extended Supervision – Review under § 809.30

State v. Christopher Swiams, 2004 WI App 217 For Swiams: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶4 The question presented by this appeal is whether persons sentenced to a bifurcated term of imprisonment whose extended supervision is revoked may seek relief under WIS. STAT. RULE 809.30 from the trial court’s reconfinement order. We hold […]

Appellate Procedure: Finality of Order — Special Proceeding

State v. Denis L.R., 2004 WI App 51, affirmed on other grounds, 2005 WI 110 For Denis L.R.: Richard Hahn; Dwight D. Darrow Issue/Holding: ¶10, n. 3: Dawn originally commenced this appeal by filing a petition for leave to appeal a nonfinal order. However, we determined that the order was final because it concluded a […]

Criminal Appeals, Duties of Counsel, Generally

State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals For Evans: Robert R. Henak Issue/Holding: ¶30. During postconviction proceedings, a defendant must choose between being represented by the SPD, proceeding pro se, or securing private representation. State v. Redmond, 203 Wis. 2d 13, 19, 552 N.W.2d 115 (Ct. App. 1996). A defendant […]

Interlocutory Appeal – Issues Limited to Those Presented in Petition for Leave to Appeal

State v. Henry W. Aufderhaar, 2004 WI App 208, PFR filed 11/16/04 For Aufderhaar: J. Paul Neumeier Jr.; Raymond E. Krek Issue/Holding: ¶1 The major holding here is that when this court accepts an interlocutory appeal, the appellant is limited to briefing only those issues presented in the petition for leave to appeal and may […]

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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.