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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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Defendant’s Presence — Jury Selection
State v. Garren G. Gribble, 2001 WI App 227 For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the trial court erred in questioning prospective jurors outside the presence of defendant and counsel, on “hardship and infirmity requests” not to serve. Holding: Questioning jurors about undue hardships “does not implicate the purposes of voir […]
Self-Incrimination — Defendant’s Right to Refuse to Testify at NGI Phase
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment […]
SVP – Postdisposition: Supervised Release – Revocation – Notice: Vague Condition
State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866For Burris: Joseph L. SommersIssue: Whether a condition of supervised release, that Burris “avoid all conduct … that is not in the best interest of the public’s welfare or your rehabilitation” provided adequate notice that obtaining a […]
Interlocutory Appeal – Issue / Claim Preclusion
State ex rel Thomas Hass v. Wisconsin Court of Appeals, 2001 WI 128 Issue/Holding: ¶10. The issue presented in this case is whether this court should exercise its constitutional superintending and administrative authority to direct the court of appeals to accept all petitions for interlocutory appeal where the circuit court has denied a claim that […]
Petition for Review Deadline — Pro Se Prisoner “Mailbox Rule”
State of Wisconsin ex rel. Eugene Nichols v. Litscher, 2001 WI 119 For Nichols: Jeffrey O. Davis, Daniel J. LaFave Issue: Whether a pro se prisoner’s petition for review may be accepted for filing in the supreme court, even though received after the filing deadline, where it was delivered to prison authorities for mailing before […]
Binding Authority — Retroactivity Analysis
State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals For Lo: Robert R. Henak Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School Issue/Holding: Retroactivity on collateral attack of a “new” rule– one imposing a new obligation on the state and not dictated by prior […]
Binding Authority: Precedential Impact of Contradictory Pronouncements in Appellate Decision
State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 627 N.W.2d 195, on certification For Hansen: Pamela Pepper Issue: Whether a prior decisional pronouncement should be treated as precedential when it is contradicted elsewhere in the decision. Holding: “Because of the internal inconsistency [in the prior decision], no judicial precedent was established […]
Protective Placement – Right to Hearing Before Placement Continued
County of Dunn v. Goldie H., 2001 WI 102, affirming unpublished decision of court of appeals For Goldie H.: John E. Joyce Issue: Whether a ch. 55 subject has a right to a hearing before the circuit court orders continuation of protective placement; and whether the circuit court must make findings of fact to support such […]
Right to Counsel – Revocation
State ex rel. James A. Mentek, Jr., v. Schwarz, 2000 WI App 96, 235 Wis. 2d 143, 612 N.W.2d 746, reversed on other grounds, State ex rel. James A. Mentek, Jr. v. Schwarz, 2001 WI 32 Issue: Whether appointed counsel’s failure to exhaust administrative appeals, which resulted in waiver of the right of judicial review […]
OWI – Informed Consent, Hearing Impaired Driver
State v. Michael S. Piddington, 2001 WI 24, 241 Wis. 2d 754, 623 N.W.2d 528, affirming State v. Piddington, 2000 WI App 44, 233 Wis.2d 257, 607 N.W.2d 303 For Piddington: Michelle Ann Tjader Issue: Whether BAC results were suppressible because the profoundly deaf defendant could not have heard the implied-consent law recitation of rights. Holding: ¶1 […]
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