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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.

Guilty Plea Waiver Rule: Constitutionality of Statute

 State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Issue/Holding: Although a facial challenge to the constitutionality of a statute is not waived by a guilty plea (because such a defect would go to subject matter jurisdiction, something not subject to waiver), an “as applied” challenged is waived by […]

Discovery – Privileged Records

State v. Frederick Robertson, 2003 WI App 84 For Robertson: Jefren Olsen, SPD, Madison Appellate Issue/Holding: Where principal issue concerned the complainant’s credibility, indication first revealed after conviction that she had been treated for depression with psychotic features around the time of the incident required in camera inspection to determine whether her mental health records […]

Mootness — General

State v. Lindsey A.F., 2003 WI 63, affirming 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116 For Lindsey A.F.: Eileen Hirsch, SPD, Madison Appellate Issue/Holding: ¶7 n. 5: As a general rule, this court will not consider an issue which will not have any practical effect upon an existing controversy. State v. […]

Expert — Qualifications — Lay Expert — Probation/Parole Officer, Opinion as to Likelihodd of Sexual Violence

State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue/Holding: Fact that probaiton/parole agent wasn’t mental health specialist didn’t preclude him offering lay expert opinion on likelihood of ch. 980 respondent re-offending. Lay expertise may be found under § 907.02, based on relevant experience, education, and/or training.

Instructions – Self-Defense – Victim Unarmed and Not Committing Unambiguously Violent Act at Time of Death

State v. Debra Ann Head, 2002 WI 99, reversing, 2000 WI App 275 (See summaries at Defenses — Defense of Self, and scroll down)

Cross-examination — Bias — Interplay with Fifth Amendment

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue/Holding:A line of inquiry that suggests potential bias is relevant; however, the witness’s “real and appreciable apprehension” of self-incrimination trumps the right of confrontation. In such an instance it may be necessary to prevent the witness from testifying or to […]

Cross-examination — Bias — Pending Charges

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue/Holding A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after […]

Street Clothes Rather than Jail Garb — No Right to Appear in

State v. Cornelius R. Reed, 2002 WI App 209, PFR filed 7/16/02 For Reed: Stephanie G. Rapkin Issue/Holding: The trial court has discretion to deny a defense request that a witness be allowed to testify in street rather than jail clothes. That discretion was properly exercised here: allowing the witnesses to change in bullpens would have […]

Ambiguous Assertion of Rights — Counsel

State v. Edward Terrell Jennings, 2002 WI 44, on certification For Jennings: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the police may continue to interrogate a suspect who has ambiguously asserted rights, — in this instance, “I think maybe I need to talk to a lawyer.” Holding: ¶36. Applying Davis, we conclude that Jennings’ statement to Detective […]

SVP – Substantive Due Process – Jury Finding of Serious Difficulty Controlling Behavior

State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision (Affirmed on habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005)) For Laxton: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether ch. 980 is unconstitutional by failing to adequately narrow the class of commitment subjects to those with serious difficulty controlling […]

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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.