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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.
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 that the circuit court’s determination that Kelsey’s appearance,
Administrative Searches — Probation/Parole
State v. Charles J. Hajicek, 2001 WI 3, 240 Wis. 2d 349, 620 N.W.2d 781, reversing 230 Wis. 2d 697, 602 N.W.2d 93 (Ct. App. 1999)
For Hajicek: Bruce J. Rosen, Susan C. Blesener
Issue1: Whether a trial court finding that a search conducted jointly by probation and police agents was a police rather than probation search is reviewed deferentially.
Holding:
¶2 ….
Guilty Plea Waiver Rule – Issues Waived — Unauthorized Repeater Sentence
State v. Jeremy J. Hanson, 2001 WI 70, 244 Wis. 2d 405, 628 N.W.2d 759, reversing unpublished decision of court of appeals
For Hanson: James B. Connell
Issue: Whether a guilty or no contest plea waives the right to challenge the defendant’s status as an habitual traffic offender, and the right to challenge the HTO sentencing penalty as unauthorized.
Holding:
¶21. Section 973.13 requires Wisconsin courts to declare a sentence void ‘[i]n any case where the court imposes a maximum penalty in excess of that authorized by law.’
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State v. David W. Oakley, 2001 WI 103, 629 N.W.2d 308, reconsideration denied, 2001 WI 123, affirming unpublished decision of court of appeals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.
Holding:
¶23 As this court has previously stated,
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 elements of an offense, but generally not the alternate modes of commission unless required by considerations of due process.
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 offense.
Holding: The 6th amendment right to counsel attaches once a formal charge has been issued,
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 told she was neither under arrest nor would be arrested unless she interfered with the search.
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 in this case,
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 crime; juror’s own and family member’s involvement with criminal justice system —
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 not having contact with her. He killed her and, while he remained at large,
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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.