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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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Administrative Searches – Inventory – Existence of Police Policy Goes to Search, not Seizure
State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Existence of, and compliance with, a police policy on conducting an inventory search relates only to the reasonableness of the search and not the seizure of the item searched: ¶11. Here, the State contends that the search of the vehicle was a […]
Search & Seizure – Applicability of Exclusionary Rule – Violation of Nonconstitutional Right – Investigative Stop Outside Officer’s Jurisdiction
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03 For Keith: Christopher A. Mutschler Issue/Holding: Evidence not suppressible merely because seized by officer effectuating stop outside of his or her jurisdiction: there is no “reason to ignore the well-established rule that suppression is required only when evidence is obtained in violation of a […]
Judicial Bias – (Non-Pecuniary) Stake in Outcome
State v. Terrance J. O’Neill, 2003 WI App 73 For O’Neill: Roger D. Sturdevant, SPD, Monroe Issue: Whether a judge’s persistent and partisan efforts to require litigation on a recurrent issue on which the court of appeals had already reversed him, in an unpublished case in which the judge actively appeared as a party on the […]
(State) Habeas Corpus – Procedural Requirements – Adequate Alternative Remedy
State ex rel. William E. Marberry v. Macht, 2003 WI 79, reversing 2002 WI App 133, 254 Wis. 2d 690, 648 N.W.2d 522 For Marberry: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶23. The extraordinary relief provided by the writ of habeas corpus is available only in limited circumstances and is subject to three prerequisites. Haas , 252 Wis. 2d 133, […]
Federal Habeas Procedure – Appellate – Certificate of Appealability – Prison / Jail Discipline
Clyde Piggie v. Cotton, 344 F.3d 674 (7th Cir. 2003) Issue/Holding: Requirement of certificate of appealability doesn’t apply to habeas challenge to state disciplinary proceeding, citing Walker v. O’Brien, 216 F.3d 626 (7th Cir. 2002). Rule reaffirmed: Edward D. Anderson v. Benik, No. 05-2323, 12/20/06 But for another circuit’s rejection of this approach, creating a potentially cert-worthy split, […]
Federal Habeas Procedure – Appellate – Certificate of Appealability – Untimely 2254 Petition
Terrance Bernard Davis v. Borgen, 349 F.3d 1027 ( 7th Cir. 03-2354, 11/20/03) Issue/Holding: A certificate of appealability of dismissal of a habeas petition filed four years after the deadline is vacated: To recap the statutory requirements: (1) A certificate of appealability may be issued only if the prisoner has at least one substantial constitutional question for appeal. […]
Plea-Withdrawal, Post-Sentencing – Procedure – Proof of Knowledge of Elements / Remedy for Lack of Proof<
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶16. Jipson’s answers, while incriminating, have no bearing on the focus here. That is, the answers do not establish Jipson knew the State had to prove the purpose of the sexual contact was an element of the […]
Plea-Withdrawal, Post-Sentencing – Procedure – Burden of Proof
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶7. When challenging a guilty or no contest plea, the defendant has the initial burden to produce a prima facie case comprised of the following two parts. First, the defendant must show the trial court accepted the […]
Guilty Pleas – Post-Sentencing Plea Withdrawal: Suppression of Material Exculpatory Impeachment Evidence – Constitutional Basis
State v. Kevin Harris, 2004 WI 64, affirming as modified 2003 WI App 144, 266 Wis. 2d 200, 667 N.W.2d 813 For Harris: Steven A. Koch Issue/Holding: ¶16 Therefore, the court of appeals in the instant case misstated the law when it held that “the State violates the Constitution if it withholds the type of […]
Contempt — General Procedure, Remedial vs. Punitive
Evans v. Luebke, 2003 WI App 207, PFR filed 10/23/03 Issue/Holding: Contempt is an inherent judicial power, but is legislatively regulated, such that its exercise outside the statutory scheme is proscribed. ¶17. The required statutory procedure is determined by whether the contempt is remedial or punitive. The latter punishes past conduct for the purpose of upholding authority […]
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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.