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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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Jury – Selection – Anonymous Jury
State v. Sherrie S. Tucker, 2003 WI 12, on certification For Tucker: Paul LaZotte, SPD, Madison Appellate Issue/Holding: ¶4. We hold that in accordance with the standard articulated in Britt, if a circuit court restricts any juror information, the court must make an individualized determination that the jury needs protection and take reasonable precautions to minimize any […]
Jury – Selection – “Batson” – Judge’s Failure to Make Detailed Findings – Race-Neutral Reasons
State v. Nancy R. Lamon, 2003 WI 78, affirming unpublished decision of court of appeals, affirmed on habeas review, Lamon v. Boatwright, 7th Cir No. 05-4018, 11/8/06 For Lamon: Timothy A. Provis Issue/Holding: A trial judge is not required to make detailed findings in ruling on a Batson issue, ¶76. Issue/Holding: That a prospective juror’s last name “is a well-known criminal name” in the […]
Statements – Voluntariness – Police Deception/Promises
State v. Matthew J. Knapp, 2003 WI 121, on certification For Knapp: Robert G. LeBell Issue: In essence, this court is presented with the question of whether a custodial inculpatory statement, obtained without proper Miranda warnings, and extracted through the use of police deception, is an “involuntary” self-incriminatory statement and inadmissible at trial for any purpose,” ¶95. (The police ruse involved […]
Statements – Voluntariness – Police Coercion, Necessity of
State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion For Hoppe: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶46. Both Connelly and Clappes support the proposition that some coercive or improper police conduct must exist in order to sustain a finding of involuntariness. However, both of these cases also recognize that police conduct does not need to be […]
Statements – Voluntariness – Suspect’s “Severely Debilitated” Condition Coupled with “Subtle” Police Coercion
State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion For Hoppe: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Under “somewhat unique” facts, a suspect’s statements made during interviews in a hospital over a three-day period while delusional and in the throes of acute alcohol withdrawal were involuntary despite the absence of any egregious police pressure. […]
§ 974.06 – Viability of Escalona-Naranjo
State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals; habeas relief denied, Lo v. Endicott, 7th Cir No. 06-3948, 10/26/07 For Lo: Robert R. Henak Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School Issue/Holding: ¶2. The petitioner, Anou Lo, asks […]
Motion to Reconsider Trial Ruling – Necessity to Raise “New Issue”
State v. Larry G. Edwards, 2003 WI 68, reversing unpublished summary order of court of appeals For Edwards: Martha K. Askins, SPD, Madison Appellate Issue: Whether, after the trial court dismissed a criminal case due to violation of intrastate detainer act time limits, the state’s motion for reconsideration was supported by a “new issue,” namely whether the dismissal […]
Petition for Review Deadline – Prison Mailbox Rule, Retroactivity
State ex rel Norman O. Brown v. Bradley, 2003 WI 14, on original petition for writ of habeas corpus For Brown: Greg J. Carman Issue/Holding: ¶1. The Petitioner, Norman O. Brown, seeks reinstatement of his petition for review which was previously dismissed as untimely filed. Brown contends that this court should apply retroactively the tolling […]
Waiver of Argument: Failure to Develop Argument on Appeal
State v. John Norman, 2003 WI 72, affirming unpublished decision of court of appeals For Norman: Angela Kachelski Issue/Holding: Norman’s failure on appeal to develop an argument analytically necessary to the issue he raises waives his right to have that issue reviewed. ¶64.
Appellate Procedure – Harmless Error – Confidential Informant, Failure to Disclose § 905.10(3)(b)
State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: Trial court failure to order disclosure of an informant is subject to harmless error analysis. The state, as beneficiary of the error, bears the burden of proving beyond reasonable doubt that the error didn’t contribute to 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.