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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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Disclosure of Confidential Child Abuse Reporting, § 48.981(7) — “Disclosure” Element
State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, 2001 WI App 130 For Polashek: Nila J. Robinson Issue: Whether the element of “disclosure” in § 48.981(7) requires that the recipient not previously have been aware of the confidential information. Holding: Given the plain meaning of “disclosure,” as defined by various dictionaries, as well […]
Drug Tax Stamp, §§ 139.87-139.96 — Constitutionality
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: The drug tax stamp law, §§ 139.87-139.96, amended to address State v. Hall, 207 Wis. 2d 54, 557 N.W.2d 778 (1997), doesn’t violate the privilege against compelled self-incrimination, ¶33-36. Issue/Holding: The drug tax stamp law, §§ 139.87-139.96, doesn’t violate double jeopardy. Possession with intent to deliver is not a […]
Extradition Procedure – Transfer to and from Out-of-State Prison
State ex rel. Bradley Jones v. Smith, 2002 WI App 90, PFR filed 4/19/02 For Jones: Jeffrey W. Jensen Issue: Whether a prisoner is entitled to discharge of sentence if transported through another state without use of the Uniform Criminal Extradition Act, § 976.03. Holding: ¶5 According to Jones and Morey, the government is required to use the […]
Guilty Plea waiver Rule – Issues Waived — Double Jeopardy
State v. Jimmie Davison, 2002 WI App 109, overruled on other grounds, 2003 WI 89, ¶111 For Davison: Keith A. Findley, UW Law School Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13.
§ 904.04, Character Evidence – “Pertinent Trait” and Relevance
State v. Glenn E. Davis, 2002 WI 75, reversing and remanding 2001 WI App 210, 247 Wis. 2d 917, 634 N.W.2d 922 For Davis: James M. Shellow Issue/Holding: ¶16. The rules on character evidence and expert testimony allow for the admissibility of Richard A.P. evidence. Under our rules of evidence, a defendant may introduce “pertinent trait[s]” of his or her […]
Plea Bargains — Breach: Procedural Issues — Objection, Sustained
State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: ¶27 … Here, Grindemann did object to the prosecutor’s mention of uncharged offenses at sentencing, but the objection was based on the lack of evidence ‘properly before the court,’ not on any claim that the State was […]
Particular Examples of Misconduct, § 904.04(2) — Prior Juvenile Offense — Probative Value
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue: Whether evidence that the defendant committed a burglary at the age of 13 was admissible as extrinsic evidence to impeach his testimonial denial, on cross-examination, of intent to steal. Holding: § 906.08(2) expressly prohibits using extrinsic evidence of specific instances of conduct […]
Particular Examples of Misconduct, § 904.04(2) — Prior Domestic Abuse — on Trial of Battery to Live-in Girlfriend
State v. Joseph F. Volk, 2002 WI App 274 For Volk: Charles B. Vetzner, SPD, Madison App Issue: Whether, in a prosecution for battery against the defendant’s live-in girlfriend, evidence of the defendant’s domestic abuse of his former wife was admissible. Holding: The evidence tended to refute the defense of lack of intent to harm: ¶22. Here, […]
Particular Examples of Misconduct, § 904.04(2) — Prior Sexual Assault of Child — 11 years Earlier — not Remote in Time
State v. Michael L. Veach, 2002 WI 110, reversing 2001 WI App 143 For Veach: Suzanne Hagopian, SPD, Madison Appellate Issue: Whether, on charges of sexually assaulting a 7-year old girl, evidence that the defendant had sexually assaulted his 9-year old daughter approximately 11 years earlier was properly admissible. Holding: 1). The evidence was offered for an acceptable […]
Particular Examples of Misconduct, § 904.04(2) — Motive to Flee: Outstanding Warrants — “Not Classic ‘Other Crimes’ Evidence”
State v. Brian D. Seefeldt, 2002 WI App 149, affirmed, 2003 WI 47 For Seefeldt: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶23. We are satisfied that the reference to the outstanding warrants is not classic “other acts” evidence invoking Wis. Stat. § 904.04(2) analysis. Rather, the existence of the warrants is “part of the panorama of evidence” that […]
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