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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 – Minimum Custody
State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265 For Gallion: Randall E. Paulson, SPD, Milwaukee App Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School Issue/Holding: ¶23. McCleary further recognized that “[t]he sentence imposed in each case should call for the minimum amount of custody or confinement which is consistent […]
Mandatory Penalty – Controlled Substances, Suspension/Revocation of Operating Privileges
State v. Jacob E. Herman, 2002 WI App 28, PFR filed 1/16/02 For Herman, Jack E. Schairer, Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶1 Jacob Herman appeals from the sentencing portion of a judgment convicting him of possession of THC contrary to WIS. STAT. § 961.41(3g)(e). The circuit court suspended Herman’s operating privilege for six months […]
Counsel – Ineffective Assistance – Deficient Performance – Failure to Hire Expert
State v. Dale H. Chu, 2002 WI App, PFR filed 4/23/02 For Chu: Andrew Shaw Issue/Holding: Counsel’s failure to retain an arson expert wasn’t deficient performance, where there was no indication the fire was anything other than arson, and defendant didn’t have sufficient funds to hire an expert. ¶¶50-52
Territorial Jurisdiction – Retention of Jurisdiction over Lesser Offenses
State v. Anthony J. Randle, 2002 WI App 116, PFR filed 4/2/02 For Randle: Paul G. Bonneson Issue: Whether territorial jurisdiction, acquired over the charged offense, may be lost over a lesser offense whose elements do not include any committed within the state. Holding: ¶20 … Like criminal subject matter jurisdiction, once territorial jurisdiction attaches, […]
Defense of Self, § 939.48 – Interplay with Imperfect Self-Defense
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 […]
Defenses – “Statutory Double Jeopardy,” § 939.71 – Conviction of Lesser Offense as Bar to Homicide Prosecution following Victim’s Subsequent Death
State v. Trevor McKee, 2002 WI App 148, PFR filed 6/28/02 For McKee: Kenneth P. Casey, SPD, Jefferson Trial Issue/Holding: Drafters of § 939.71 intended to incorporate general principles of law of double jeopardy as then (1953) existed – which includes the “necessary facts” exception (prosecution of greater not barred by conviction of lesser offense where all […]
Defenses – “Statutory Double Jeopardy,” § 939.71 – Federal Bank Robbery and State Armed Robbery
State v. Douglas J. Lasky, 2002 WI App 126, PFR filed 5/1 For Lasky: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: The elements of federal bank robbery, 18 USC § 2113(d), and state armed robbery, § 943.32(2), don’t exactly overlap, therefore conviction of former doesn’t bar prosecution of latter under § 939.71. ¶¶18-28.
Defenses – Statute of Limitations – Tolling – § 939.74(4)
State v. James D. Miller, 2002 WI App 197, PFR filed 8/2/02 For Miller: Matthew H. Huppertz, Craig Kuhary, Daniel P. Fay Issue/Holding: A verdict form requiring the jury to find that the offense occurred between March 1, 1989, and November 28, 1992, adequately established a time period for the offense. And, by finding that the victim was […]
Constitutional Defenses – Notice of Charge – Vague Charging Period
State v. James D. Miller, 2002 WI App 197, PFR filed 8/2/02 For Miller: Matthew H. Huppertz, Craig Kuhary, Daniel P. Fay Issue/Holding: The charging period of March 1, 1989, to March 31, 1993, was not too expansive to provide opportunity to prepare a defense, largely because of the victim’s youthfulness and vulnerable relationship (patient-therapist) to defendant, ¶31; […]
Defenses – Claim/Issue Preclusion — Prior Dismissal — SVP Proceeding
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a 980 petition was barred because a prior petition was dismissed at trial for insufficient proof, but the respondent was subsequently returned to prison on a parole revocation for a violation not involving an act […]
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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.