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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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Judicial Substitution/Recusal — Waiver: Failure to Seek Chief Judge’s Review
Barbara R.K. v. James G., 2002 WI App 47 Issue: Whether review of a denied request for substitution of judge is waived by failure to seek review of the denial by the local chief judge. Holding: ¶9…. The statute then provides: “If the judge named in the substitution request finds that the request was not timely […]
(State) Habeas Corpus — Generally
State v. Rodosvaldo C. Pozo, 2002 WI App 279, 258 Wis. 2d 796, 654 N.W.2d 12 Issue/Holding: ¶8. Writ of habeas corpus is an equitable remedy that protects a person’s right to personal liberty by freeing him or her from illegal confinement. State ex rel. Dowe v. Waukesha County Circuit Court, 184 Wis. 2d 724, 728-29, […]
(State) Habeas Corpus – Procedural Requirements – Adequate Alternative Remedy
State ex rel. Gerard Noel Haas v. McReynolds, 2002 WI 43, affirming unpublished court of appeals decision For Haas: Robert G. Bernhoft Issue/Holding: By voluntarily dismissing an appeal from denial of a first habeas petition, Haas was estopped from filing a second habeas petition in the court of appeals raising the same issue contained in the […]
(State) Habeas Corpus – Venue
State ex rel Edwin C. West v. Bartow, 2002 WI App 42 For West: Leonard D. Kachinsky Issue: Whether the court had discretion to order change of venue from Winnebago (county of current SVP confinement) to Milwaukee (county of commitment), on habeas challenge to the commitment. Holding: Venue was proper in Winnebago under § 801.50(4)(b) (where petitioner is being […]
Federal Habeas Procedure – Appellate – Certificate of Appealability – Erroneous Issuance
Darrell D. Cage v. McCaughtry, 305 F.3d 625 (7th Cir. 2002) For Cage: Calvin R. Malone Issue/Holding: “When we make a mistake and issue a certificate of appealability that specifies an improper ground, counsel for both sides, rather than indulging a fiction of judicial infallibility, should inform us before briefing begins and ask us to amend […]
Federal Habeas Procedure — Appellate — Certificate of Appealability
Bernard L. Beyer v. Litscher, 306 F.3d 504 (7th Cir. 2002) Issue/Holding: Certificate of Appealability required by 28 U.S.C. § 2253(c)(3) must specifically identify a substantial constitutional issue. Declaration of purely statutory issue isn’t enough, and it is incumbent on counsel to bring this defect to the appellate court’s attention. Nonetheless, this appellant is allowed to proceed, though future litigants are cautioned: […]
§ 948.40(1), Contributing to delinquency of Minor — Sufficiency of Evidence — Intent Element
State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The evidence was sufficient to establish the intent element, and therefore to support conviction, for contributing to delinquency of a minor, § 948.40(1): “The jury reasonably could infer from the evidence that Williams was aware that his participation […]
Ch. 961 Drug Offense – Sentencing – Mandatory Loss of Driving 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 […]
Plea-Withdrawal – Pre-sentence – Potential Alibi Witness
State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grounds, 2002 WI 77 For Leitner: Jim Scott Issue: Whether the trial court properly denied a presentence motion to withdraw guilty plea. Holding: ¶27. When a defendant shows a fair and just reason, the trial court should permit the plea withdrawal unless there […]
Plea-Withdrawal, Post-sentencing – Procedure – Pleading Requirements
State v. Corey J. Hampton, 2002 WI App 293, affirmed, 2004 WI 107 For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: The pleading requirements for a hearing imposed by State v. Bentley, 201 Wis. 2d 303, 548 N.W.2d 50 (1996) aren’t applicable to a motion for plea-withdrawal based on defective colloquy: ¶20. Hampton responds […]
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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.