Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
Mootness
State v. William L. Morford, 2004 WI 5, on review of unpublished decision For Morford: Lynn E. Hackbarth Issue/Holding: ¶7 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. This court has held that it may decide an otherwise moot issue if it: (1) is of great public importance; […]
In Limine Orders — Enforcement
State v. Sylvester Sigarroa, 2004 WI App 16 For Sigarroa: John Pray, UW Law School Issue/Holding: ¶28. We do not end our discussion here. Instead, we are compelled to admonish the increasing pattern of witness and/or attorney violation of in limine orders. On several occasions, we have spent judicial time and resources to make a […]
Unrecorded Sidebars Disfavored
State v. Derryle S. McDowell, 2003 WI App 168, PFR granted, affirmed, 2004 WI 70 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL Issue/Holding: ¶9 n.4: We remind counsel and the court of our concerns about off-the-record discussions. See Coston v. Joseph P., 222 […]
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State v. Nancy R. Lamon, 2003 WI 78, affirming unpublished decision of court of appeals, affirmed on habeas review, Lamon v. Boatwright, 7th Cir No. 05-4018, 11/8/06 For Lamon: Timothy A. Provis Issue/Holding: A trial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 […]
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.