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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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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 […]
Enhancers — Collateral Attack on, at Sentencing
State v. Lawrence P. Peters, 2001 WI 74, 244 Wis. 2d 470, 628 N.W.2d 797, reversing, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655 For Peters: Jane K. Smith Issue: Whether Peters may, at his OAR-5th sentencing, collaterally attack his OAR-2d conviction, on the ground of denial of counsel. Holding: ¶4 We view this […]
Warrants – Good-Faith Exception
State v. Rayshun D. Eason, 2001 WI 98, reversing State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208 For Eason: Suzanne Hagopian, SPD, Madison Appellate Issue: Whether evidence obtained after entry of a home in violation of the announcement rule, because authorization was provided by an invalid no-knock warrant, is […]
Warrants – Good-Faith Exception – Violation of “Oath or Affirmation” Requirement
State v. Wilton Tye, 2001 WI 124 For Tye: Mark D. Richards, Christy M. Hall Issue: Whether evidence seized under a search warrant, invalid on its face because unsupported by oath or affirmation, is covered by the good faith exception. Holding: ¶24. Fourth and finally, the State asks this court to allow admission of the seized […]
Warrants – “Oath or Affirmation” Requirement
State v. Wilton Tye, 2001 WI 124 For Tye: Mark D. Richards, Christy M. Hall Issue: Whether evidence seized under a search warrant unsupported by oath or affirmation must be suppressed. Holding: The requirement that a search warrant be supported by oath or affirmation is an explicit and long-standing feature of both state and federal constitutions, as […]
Forfeiture — Nature — Remedy for Wrongful Disposition of Seized Property by State
City of Milwaukee v. Sammie L. Glass, 2001 WI 61, affirming 2000 WI App 252, 239 Wis. 2d 373, 620 N.W.2d 213 Issue/Holding: ¶19 Considering the aims and objects of a Wis. Stat. § 968.20 action and the procedure set forth in Wis. Stat. § 968.20, we conclude that Wis. Stat. § 968.20 establishes an in rem […]
Forfeiture – Qualifying Offense – Carrying Concealed Weapon
State v. Carlos Perez, 2001 WI 79, reversing State v. Perez, 2000 WI App 115, 235 Wis. 2d 238, 612 N.W.2d 374 For Perez: R. Douglas Stansbury Issue/Holding: ¶1 … The issue presented is whether a person who is convicted of carrying a concealed and dangerous weapon under Wis. Stat. § 941.23 (1997-98) has ‘committed a crime […]
Reasonable Suspicion – Stop – Duration – General
State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether Kelsey’s detention was prolonged beyond its proper purpose. Holding: The operative principle is settled: “an investigative detention … must last only long enough to fulfill the purpose of the stop.” ¶44. Applying that principle — (3-vote lead opinion:) The […]
Reasonable Suspicion – Stop – Basis – Flight
State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether the police seizure of Kelsey, after she fled upon encountering them, was based on reasonable suspicion that she had committed, or was about to commit, a crime. Holding: (Lead, 3-vote opinion:) ¶42 … Upon de novo review, we conclude […]
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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.