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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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Plea Bargains — Breach: Proecdural Issues — Waiver of Objection — Renegotiated Plea
State v. David W. Oakley, 2001 WI 103, 629 N.W.2d 308, reconsideration denied, 2001 WI 123, affirming unpublished decision of court of appeals For Oakley: Timothy T. Kay Issue: Whether a claim of plea bargain error was waived by a subsequent renegotiation of the plea bargain and entry of no contest plea on that new agreement. […]
Due Process / Right to Unanimous Verdict – Jury Agreement on Underlying Acts
State v. William G. Johnson, 2001 WI 52, 243 Wis. 2d 365, 627 N.W.2d 455 For Johnson: Martha K. Askins, SPD, Madison Appellate Issue: Whether § 948.025 (repeated sexual assault of a child) violates the rights to due process and unanimous verdict by not requiring unanimity that each predicate act occurred. Holding: Unanimity is required on the […]
Offense “Closely Related” to Formally Charged Offense
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142 For Badker: Timothy A. Provis Issue: Whether the bail jumping offense was closely related to the homicide, within the meaning of the 6th amendment, so that the right to counsel attached under the latter as well as the former […]
Custody — Detention During Execution of Search Warrant — Effect of Handcuffing After Questioning
State v. Susan M. Goetz, 2001 WI App 294 For Goetz: Nila J. Robinson Issue: Whether a person, detained during execution of a search warrant but not handcuffed until after questioning, was in custody for Miranda purposes. Holding: A suspect detained during execution of a search warrant isn’t in custody under Miranda. ¶12. In this case, Goetz was […]
Jury – Selection – Anonymous Jury
State v. Edward A. Murillo, 2001 WI App 11, 240 Wis. 2d 666, 623 N.W.2d 187, habeas relief granted on other grds., Edward A. Murillo v. Frank, No. 04-2202, 4/1/05 For Murillo: Craig Albee Issue: Whether the trial court erroneously exercised discretion by referring to jurors by number rather than name. Holding: Because of sufficient evidence of gang involvement […]
Jury – Selection – “Batson” Objection
State v. Calvin Gregory, 2001 WI App 107, PFR filed 5/10/01 For Gregory: Meredith Ross, LAIP, UW Law School Issue1: Whether defendant was entitled to a Batson hearing on the prosecutor’s articulated reasons for striking the lone African-American juror. Holding1: The prosecutor’s asserted reasons — concerns about juror’s truthfulness; close proximity of juror’s residence to alleged scene of […]
Miranda Waiver – Scrupulously Honoring Right to Silence
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.w.2d 142 For Badker: Timothy A. Provis Issue: Whether Badker’s in-custody assertion of his right to silence was scrupulously honored so as to allow re-interrogation. Holding: Badker was arrested for sexually assaulting his girlfriend. He was released on bail, conditioned on […]
Miranda – Exceptions – Booking Questions
State v. Joseph K. Bryant, 2001 WI App 41, 241 Wis. 2d 554, 624 N.W.2d 865 For Bryant: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the “routine booking question” exception to Miranda permitted questions about biographical data. Holding: Miranda warnings need not precede routine questions that merely gather background biographical data in the booking […]
Briefs – Citing Unpublished Opinion
State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163 Issue: Whether an unpublished decision may be cited for its “persuasive” value. Holding: ¶7 n. 6: We acknowledge that the cited order from the Seventh Circuit is an ‘unpublished opinion.’ However, the Seventh Circuit’s rule only prohibits citation of an ‘unpublished opinion’ as […]
Interlocutory Appeal – Review in Circuit Court of Bindover by Court Commissioner, by Motion to Dismiss
State v. Eric D. Gillespie, 2001 WI App 35, PFR filed 2/1/05 For Gillespie: John Anthony Ward Issue: Whether, following bindover by court commissioner under § 757.69(1)(b), a defendant may obtain a “preliminary hearing de novo” (i.e., a second preliminary hearing) in circuit court under § 757.69(8). Holding: ¶7 The State contends that WIS. STAT. […]
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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.