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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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Evidence Code Construction, Generally – Judicial Council Committee’s View
State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03 For Kutz: T. Christopher Kelly Issue/Holding: While not bound by the Judicial Council Committee Note, the court of appeals nonetheless “view(s) it as significant authority in construing the rule.” ¶40. (See also id., n. 16: “In promulgating the rules of evidence, the Wisconsin […]
§ 901.03, Objection/Offer of Proof – Pretrial: Definitive Ruling Properly Preserves Objection; Conditional Ruling Doesn’t
State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03 For Kutz: T. Christopher Kelly Issue/Holding: “A definitive pretrial ruling preserves an objection to the admissibility of evidence without the need for an objection at trial, as long as the facts and law presented to the court in the pretrial motion are the […]
Guilty Plea Waiver Rule – Issues Waived — Suppression — Preserved by § 971.31(10)
State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03 For Riedel: Ralph A. Kalal Issue/Holding: ¶8. At the outset, we reject the State’s threshold argument that Riedel is precluded from challenging the trial court’s suppression ruling based on Riedel’s conviction on the OWI charge and the dismissal of the PAC charge. The […]
§ 904.01, Relevance – Racketeering — Losses Incurred by Defrauded Investors
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: Evidence of investor losses is relevant to a charge of racketeering, § 946.83. ¶37.
Probative Value vs. Prejudicial Effect, § 904.03 – Extraneous Misconduct – Cautionary Instruction
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶72. In determining whether a piece of evidence is unfairly prejudicial, we have held that cautionary instructions help to limit any unfair prejudice that might otherwise result. Plymesser, 172 Wis. 2d at 596-97.¶73. Contrary to Hunt’s argument and the […]
§ 904.04, Misconduct Evidence – Appellate Review – Inadequate Trial Court Reasoning on Admissibility – Remedy
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶43. The State maintains that the court of appeals erred in interpreting Sullivan. We agree. Sullivan does not state, as the decision of the court of appeals suggests, that in situations where the circuit court fails to set forth […]
Plea Bargains — Remedy for Multiplicitous Counts — Felony-Murder
State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue/Holding: ¶29. We conclude that Krawczyk’s plea to both felony murder and the underlying armed robbery, the latter conviction having been set aside, does not provide a basis for withdrawal of his plea to felony murder. First and […]
Plea Agreements — Partial Withdrawal: Repudiation of Entire Bargain<
State v. Corey D. Williams, 2003 WI App 116 For Williams: Michael J. Edmonds Issue/Holding: ¶21. As a final matter, we address the effect of Williams’s plea withdrawal on further proceedings in the circuit court. It is well-settled that “repudiation of a portion of the plea agreement constitutes a repudiation of the entire plea agreement.” […]
Plea Agreements — Partial Withdrawal: Repudiation of Entire Bargain
State v. Richard A. Lange, 2003 WI App 2 For Lange: Daniel F. Snyder Issue/Holding: Partial relief against a plea bargain-based guilty plea “constitutes a repudiation of the entire plea agreement,” ¶32, a principle which is now extended to instances where there are multiple judgments of conviction not all of which are under appeal, under […]
Plea Agreements — Judicial Participation — Conclusive Presumption of Involuntariness
State v. Corey D. Williams, 2003 WI App 116 For Williams: Michael J. Edmonds Issue/Holding: ¶1.… We conclude that judicial participation in the bargaining process that precedes a defendant’s plea raises a conclusive presumption that the plea was involuntary. Therefore, we adopt a bright-line rule barring any form of judicial participation in plea negotiations before […]
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