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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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Presentence Report — Defense-Prepared — Admissibility, Trial Involving New Charge
State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶¶21-22: Confidentiality of court-ordered presentence reports, State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989) is not a right applicable to defense-prepared PSRs, State v. Thomas A. Greve, 2004 WI 69. Thus, the defendant’s statements in a D-PSR […]
Appellate Procedure – Harmless Error – Jury Instructions – Omitted Element
State v. Timothy Scott Bailey Smith, Sr., 2004 WI App 116, reversed on other grounds, 2005 WI 104 For Smith: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶10 The State points out that omissions in jury instructions are subject to a harmless-error analysis. See State v. Harvey, 2002 WI 93, ¶6, 254 Wis. 2d 442, […]
Appellate Procedure – Harmless Error – Defendant’s Prior Record
State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04 For Sigarroa: John Pray, UW Law School Issue/Holding: A witness’s improper reference to the defendant’s prior criminal history was not prejudicial, where the judge ordered it struck, gave the standard final instruction on ignoring all things stricken, and the evidence of guilt was overwhelming. […]
Ch. 880 Guardianship Proceeding: Authority to Order Support In
Amy Z. v. Jon T., 2004 WI App 73 For Jon T.: Geoffrey Dowse Issue/Holding: ¶18. We conclude that the circuit court had the authority to order child support in the context of the Wis. Stat. ch. 880 proceeding. We do so in light of the constitutional grant of broad plenary power to the circuit […]
Applicability of Interstate Compact on Mental Health, § 51.75. to NGI Commitment
State v. Richard A. Devore, 2004 WI App 87, PFR filed 4/21/04 For Devore: Catherine M. Canright Issue/Holding: ¶1 Richard Devore appeals an order denying his motion to be transferred to Minnesota under the Interstate Compact on Mental Health, WIS. STAT. § 51.75. He contends the circuit court erred when it concluded that, as a matter of […]
Resentencing — Correction of “Good Faith Mistake” by Sentencing Court
State v. Bart C. Gruetzmacher, 2004 WI 55, on certification For Gruetzamacher: Jennelle London Joset Issue/Holding: ¶14. We now decide whether circuit courts should be allowed to correct obvious errors in sentencing where it is clear that a good faith mistake was made in an initial sentencing pronouncement, where the court promptly recognizes the error, and […]
Sentence Modification/Review – New Factor, Extended Supervision – Reduction in Restitution
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶47. Finally, we acknowledge (and the State does not dispute) that the amount of restitution the court ordered Longmire to pay played a significant role in the court’s determination of the length of extended supervision it ordered. […]
Sentence – Modification/Review – New Factor, Extended Supervision – TIS-II Reduction in ES Maximum
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶42. Finally, Longmire cites three matters which he argues are “new factors” and thus grounds for the trial court to modify his term of extended supervision: (1) a reduction in the maximum term of extended supervision for the class […]
SVP – Trial – Jury Instructions – Consequences of Discharge
State v. Joseph A. Lombard, 2004 WI App 52, PFR filed 3/19/04 For Lombard: David Karpe Issue: Whether, in response to a jury question during deliberations in this SVP discharge trial, the trial court was obligated to instruct that if Lombard were discharged he would still be subject to 40 years of probation / parole […]
SVP – Post-Disposition: Petition for Discharge Procedure, § 980.09(2) (2004) – Probable Cause Hearing / Full Evidentiary Hearing
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04 For Thiel: Suzanne L. Hagopian Issue: Whether an examiner’s recommendation of supervised release established probable cause that Thiel was no longer a sexually violent person and therefore supported a full evidentiary hearing on release, pursuant to § 980.09(2). Holding: ¶15. Thiel’s claim falls […]
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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.