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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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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 […]
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 […]
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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.