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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.
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State v. Nancy R. Lamon, 2003 WI 78, affirming unpublished decision of court of appeals, affirmed on habeas review, Lamon v. Boatwright, 7th Cir No. 05-4018, 11/8/06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 locality,
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 inducing Knapp into talking by telling him that they were investigating constitutional violations committed by the department when they were in fact investigating Knapp’s involvement in a homicide.)
Holding: Given Knapp’s intelligence,
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State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion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 egregious or outrageous in order to be coercive.
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State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion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. ¶¶47-59.
As suggested, this case is highly fact-specific,
§ 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 that we overrule our decision in State v.
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 was with prejudice.
Holding: “We conclude that the State raised a ‘new issue’
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 rule for pro se prisoners that it adopted in State ex rel.
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 verdict. Here, the error was harmless: the error in the trial court’s finding that disclosure was unnecessary was procedural in nature (because it was based on unsworn rather than sworn in camera assertions and because it was procured by the judge rather than the litigants);
Resentencing — Increase in Original Sentence After Appellate Relief
State v. William J. Church (II), 2003 WI 74, reversing 2002 WI App 212, 257 Wis. 2d 442, 650 N.W.2d 873; earlier history: State v. William J. Church, 223 Wis.2d 641, 589 N.W.2d 638 (Ct. App. 1998), petition for review dismissed as improvidently granted, 2000 WI 90
For Church: James L. Fullin, SPD, Madison Appellate
Issue: Whether an increase in sentence on re-sentencing violated due process,
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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.