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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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Contempt — Remedial – Requirements: Evidentiary Hearing and Findings
Evans v. Luebke, 2003 WI App 207, PFR filed 10/23/03 Issue/Holding: ¶24. Upon the filing of a motion seeking remedial sanctions for contempt, an on-the-record hearing must be held “for due process purposes.” See Mercury Records Prods., Inc. v. Economic Consultants, Inc., 91 Wis. 2d 482, 504, 283 N.W.2d 613 (Ct. App. 1979). The evidence adduced at […]
First Amendment – Overbreadth – Travel Restrictions – “Banishment” from Victim’s County
Predick v. O’Connor, 2003 WI App 46 Issue/Holding: Banishment from victims’ county, under harassment injunction, § 813.125, upheld: ¶18 Thus, banishment is not a per se constitutional violation. As the previous discussion demonstrates, there is no exact formula for determining whether a geographic restriction is narrowly tailored. Each case must be analyzed on its own facts, circumstances […]
Extradition Procedure – Waiver of Potential IAD (§ 976.05) Violation by Conduct — Discharge of Counsel
State v. Andrew S. Miller, 2003 WI App 74, PFR filed 4/11/03 For Miller: Brian C. Findley, SPD, Madison Appellate Issue/Holding: ¶12. This court has found that rights under the Detainer Act “are statutory in nature and may be waived by a defendant’s request for a procedure inconsistent with its provisions.” Brown, 118 Wis. 2d […]
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 […]
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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.