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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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Sentencing Review – Factors – Articulation by Court
State v. Nathan T. Hall, 2002 WI App 108 For Hall: Howard B. Eisenberg, Dean, Marquette Law School Issue/Holding: Because the trial court failed to explain its reasoning, its sentence was an erroneous exercise of discretion. In particular, the trial court exceeded the PSI recommendation (107 years) by approximately 200 years, without explaining either the necessity for […]
Sentencing Factors – Expunged Priors, § 973.015 – Reliance on Underlying Facts
State v. Anthony J. Leitner, 2002 WI 77, affirming 2001 WI App 172, 247 Wis. 2d 195, 633 N.W.2d 207 For Leitner: Jefren Olsen, SPD, Madison Appellate Issue: Whether the sentencing court erred in considering the facts of convictions expunged under § 973.015. Holding: ¶46. If information about the underlying facts of an expunged conviction come from a source other […]
Privilege Defense – Accident – Interplay with Self-Defense and Intent
State v. Carroll D. Watkins, 2002 WI 101, affirming as modified 2001 WI App 103, 244 Wis. 2d 205, 628 N.W.2d 419 For Watkins: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Accident has long-existed as a defense that “excuses” homicide, and therefore is incorporated in § 939.45(6) as a privilege “for any other reason.” ¶37. It is […]
Defense of Self – Carrying Concealed Weapon
State v. Tony Nollie, 2002 WI 4, on certification For Nollie: Erich Straub Issue: Whether defendant was entitled to assert the privilege of self-defense to the charge of carrying concealed weapon. Holding: ¶24. To argue self-defense, Nollie’s offer of proof must indicate that he had an actual and reasonable belief of actual or imminent unlawful […]
Defense of Self – Violent Acts of Victim – McMorris Evidence
State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be […]
Defenses – Imperfect Self-Defense, § 940.05 – Interplay with Defense of Self, § 939.48
State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶84. To raise the issue of perfect self-defense, a defendant must meet a reasonable objective threshold. The trial evidence must show: (1) a reasonable belief in the […]
Enhanced Penalties — Proof — Uncertified Judgment of Prior Conviction
State v. Patrick A. Saunders, 2002 WI 107, reconsideration denied, 2002 WI 119, reversing unpublished opinion For Saunders: Beth Ermatinger Hanan Issue: Whether an uncertified copy of the prior judgment of conviction may serve as part of the proof requirement of a repeater allegation that is not personally admitted by the defendant. Holding: In the absence of the defendant’s […]
Warrants – Probable Cause – Expertise of Supporting Officer
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89For Multaler: Jeffrey W. Jensen Issue/Holding: ¶43. This court has explained on at least one prior occasion that both the experience and special knowledge of police officers who are applying for search warrants are among the facts […]
Warrants – Probable Cause
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: The affidavit in support of search warrant established probable cause to believe that Multaler was guilty of homicide, ¶¶13-28: he was tied directly and circumstantially to the victims; his actions were […]
Warrants – Staleness – Serial Homicides
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: Multaler seeks suppression of pornographic images found by the police while executing a search warrant for evidence of serial homicides committed more than 20 years earlier – in other words, that the information was too […]
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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.