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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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Guilty Pleas – Plea Bargains – Breach: By Prosecutor – Sentencing Recommendation by Police Officer Exceeding Bargained Length
State v. Leonard C. Matson, 2003 WI App 253 For Matson: Michael Yovovich, SPD, Madison Appellate Issue/Holding: ¶13. Matson argues his due process rights were violated when Alstadt, the investigating detective in this case, gave a sentencing recommendation that undermined the State’s recommendation, in effect, breaching the plea agreement. The State counters that Alstadt was […]
Guilty Pleas – Plea Bargains – Breach: By Prosecutor — Remedy
State v. Leonard C. Matson, 2003 WI App 253 For Matson: Michael Yovovich, SPD, Madison Appellate Issue/Holding: ¶33. Here, as he did before the circuit court, Matson seeks not to withdraw his plea, which is one remedy for a breach of a plea agreement. Santobello v. New York, 404 U.S. 257, 263 (1971). Matson instead […]
Plea Bargains — Breach: By Defendant – Challenging Prior Enhancer-Conviction
State v. Robert C. Deilke, 2004 WI 104, reversing 2003 WI App 151, 266 Wis. 2d 274, 667 N.W.2d 867 For Deilke: Kelly J. McKnight Issue: Whether a defendant’s successful challenge to a prior plea-bargain based conviction that is being used as an enhancer in a current proceeding amounts to a breach of that prior […]
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Federal Health Care Ineligibility, 42 U.S.C., § 1320a-7(a)(4)
State v. Hank J. Merten, 2003 WI App 171 For Merten: Dana W. Duncan Issue/Holding: ¶8. Accordingly, the resolution of this appeal requires us to determine whether the effect of 42 U.S.C. § 1320a-7(a)(4), which excludes individuals convicted of a felony related to a controlled substance from participating in federal health care programs, is a […]
Witness – Impeachment — Pending Charge — Accomplice
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: ¶44. The State charged Gundy as an accomplice to Ross’s criminal activity. Gundy was arrested in Maryland, and brought back to Milwaukee where he was held in custody. Ross contends that pursuant to a plea agreement, Gundy was released […]
Impeachment — Prior Convictions, § 906.09
State v. Gary M.B., 2003 WI App 72, affirmed, 2004 WI 33 For Gary M.B.: T. Christopher Kelly Issue/Holding: ¶24. Wisconsin Stat. § 906.09 permits the admission of prior convictions for impeachment purposes. (See text of statute at ¶9.) The statute reflects the presumption that “a person who has been convicted of a crime is less likely […]
Involuntary Statement of Witness (Not Defendant) — Admissibility — Test
State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565; habeas denied, Samuel v. Frank, 525 F. 3d 566 (7th Cir 2008) For Samuel: Robert A. Henak Issue/Holding: ¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product […]
Opinion Testimony — Comment by One Witness on Whether Another Witness “Is Lying”
State v. Andre Bolden, 2003 WI App 155, PFR filed 7/2/03 For Bolden: Mark S. Rosen Issue/Holding: A defendant may be asked whether another witness offering contradicting testimony “is lying,” ¶11. The seminal case is State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984): one witness may not give an opinion as to whether […]
Expert Testimony – On Issue of Law
State v. Derryle S. McDowell, 2003 WI App 168, 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: “(N)o witness may testify as an expert on issues of domestic law; ‘the only “expert” on domestic law is the court.’ […]
“Maday” Examination of Complainant (Defendant’s Right to Examine Complainant’s Psychological Condition), to Meet State’s “Jensen” Testimony
State v. Joseph F. Rizzo II, 2003 WI App 236, PFR filed 11/13/03, on appeal after remand of State v. Rizzo I, 2002 WI 20 For Rizzo: Kathryn A. Keppel, Raymond M. Dall’osto Issue: Whether Rizzo is entitled to a psychological examination of the sexual assault complainant pursuant to State v. Maday, 179 Wis. 2d […]
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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.