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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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§ 948.02, Sexual Assault — Sufficiency of Evidence
State v. Paul K. Shanks, 2002 WI App 93, PFR filed 4/11/02 For Shanks: Steven A. Koch Issue/Holding: Evidence held sufficient to support conviction for sexual assault of child, notwithstanding inconsistencies and equivocations in complainant’s testimony (court stressing that certain pretrial statements she made did implicate defendant), ¶25. Court also finds evidence sufficient on element […]
§ 948.11(2) — Exposing Minors to Harmful Materials — Constitutionality
State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional because it doesn’t require proof of knowledge of the age of the person to whom harmful materials are displayed (minority being the sole differentiating factor between noncriminal/protected and criminal conduct. […]
Double Jeopardy – Multiplicity: Child Pornography – Possession of Materials Stored on Disks
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: ¶58. Applying these standards, we agree with the court of appeals that the 28 counts to which Multaler pled were not identical in fact. Although some of the downloaded image files […]
Arrest – Legislator’s Exemption
State v. Brian B. Burke, 2002 WI App 291, PFR filed 11/29/02 For Burke: Robert H. Friebert Issue/Holding: ¶22. We conclude that the members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included article IV, section 15 in the Wisconsin Constitution. The phrase […]
Arrest — Traffic Offense — Duration — Effect on Consent to Search
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether an arrest for a traffic stop, lawful at inception, was unlawfully prolonged in order to obtain the driver’s consent to a strip search not reasonably related to the traffic violation. Holding: This issue is “closely related” to one […]
Consent — Acquiescence — Strip Search
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace voluntarily consented, or merely acquiesced, to a strip search following arrest for a minor traffic violation. Holding: ¶19. The police made their request during the booking process and before Wallace’s bond had been posted. We concur […]
Consent — Acquiescence — Entry to Residence
State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201 For Tomlinson: John J. Gray Issue: Whether the actions of the defendant’s minor daughter, in opening the door to the police and then walking back into the house when they asked for permission to enter, amounted consent for […]
Consent — Authority — Minor Child — Entry of Residence
State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201 For Tomlinson: John J. Gray Issue: Whether the police had consent from a minor to enter the defendant’s home in order to arrest him. Holding: Warrantless entry of a home to effectuate an arrest requires probable cause and exigent […]
Consent – Coercion — Submission to Chemical test — Threat to Revoke Driver’s License, OWI Arrest
Village of Little Chute v. Todd A. Walitalo, 2002 WI App 211, PFR filed 8/1/02 For Walitalo: Ralph A. Kalal Issue/Holding: ¶11. However, the arresting officer, by reading the informing the accused form, simply stated the truth: If Walitalo refused to submit to a chemical test, his driving privileges would be revoked. This statement did not involve […]
Consent — Scope — Body Cavity Search
State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace’s consent for a strip search encompassed the more intrusive body cavity search that ensued (Wallace bent over and spread his buttocks). Holding: ¶29. We have concluded that Wallace voluntarily consented to a strip search, and the […]
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