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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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OWI – Graduated Penalty Structure
State v. Henry T. Skibinski, 2001 WI App 109, 244 Wis. 2d 229, 629 N.W.2d 12 For Skibinski: Karma S. Rodgers Issue: Whether a trial court can, after findings of guilt on second and third offense OWI, apply the increased penalties of OWI-3rd to both offenses at sentencing. Holding: For several reasons, the sentence for OWI-2nd was […]
OWI – Unauthorized Sentence – Probation without Mandatory Minimum Confinement for OWI 6th – Resentencing as remedy
State v. William P. Eckola, 2001 WI App 295 For Eckola: Gregory A. Parker Issue: Whether the trial court erroneously exercised discretion by placing Eckola on probation for OWI-6th without requiring confinement for at least the presumptive minimum mandated by § 346.65(2)(e). Holding: ¶15. When the circuit court, in its discretion, determines that a defendant will […]
Enhancer — Pleading — Untimely Allegation, But Pursuant to Plea Bargain
State v. Joel O. Peterson, 2001 WI App 220, PFR filed 9/21/01 For Peterson: William E. Schmaal Issue: Whether the charge may be amended to include a repeater allegation, otherwise untimely under § 973.12(1), if accomplished as part of a plea bargain. Holding: ¶24 … (A)llowing a defendant to agree to amend an information to add repeater allegations […]
Due Process – Exculpatory Evidence – Destruction of Notes by State’s Investigator
State v. Debra Noble, 2001 WI App 145, 629 N.W.2d 317, reversed, other grounds, State v. Debra Noble, 2002 WI 64 For Noble: Jeff P. Brinckman Issue: Whether a state investigator’s destruction of interview violated the defendant’s due process right to exculpatory evidence. Holding: ¶17. A defendant’s right of pretrial access to exculpatory evidence needed to prepare a […]
Due Process – Notice of Charge – Amendment of Information at Close of Case<
State v. Davon R. Malcom, 2001 WI App 291, PFR filed 11/27/01 For Malcom: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the trial court properly amended the information, after close of evidence, to add a charge of keeping a place “which is resorted to by persons using controlled substances” to the charge of using the […]
Due Process – Parole – “Presumptive” MR Liberty Interest
State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163 Issue: Whether the “presumptive mandatory release date” under § 302.11(1g) creates a liberty interest in parole protected by due process. Holding: Prisoners sentenced for a “serious felony” between April 21, 1994, and December 31, 1999, are given a “presumptive” MR date. Discretionary parole does not […]
Substantive Due Process – Automatic SVP commitment to secure confinement
State v. Ronald Ransdell, 2001 WI App 202, PFR filed 8/27/01 For Ransdell: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether the automatic initial commitment to institutional care provision, § 980.06, on its face violates substantive due process. Holding: A person challenging the constitutionality of a statute must show its infirmity beyond reasonable doubt; a statute restricting liberty […]
Ex Post Facto – Continuing Offense
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether § 943.201(2) creates a continuing offense such that, as applied to Ramirez, it violated the ex post facto clause because the statute was promulgated after he commenced the activity that formed the basis for the charge. Holding: ¶18. We […]
First Amendment – Overbreadth – Injunction – Prostitution-Related Activity
City of Milwaukee v. Tanya M. Bean, et al., 2001 WI App 258, PFR filed 11/8/01 For Bean: Jerome F. Buting, Pamela S. Moorshead Issue1: Whether prostitution activities in the area encompassed by the injunction were shown sufficiently to constitute a nuisance. Holding: ¶13. Although it is true, as the appellants argue, that the infusion of […]
Equal Protection – Sex Offender Registration – Juvenile – False Imprisonment
State v. Joseph E.G., 2001 WI App 29, 240 Wis. 2d 481, 623 N.W.2d 137 For Joseph E.G.: Susan E. Alesia, SPD, Madison Appellate Issue: Whether § 301.45(1m) (1997-98) violates equal protection and substantive due process in failing to excuse juveniles convicted of false imprisonment from sex offender registration. Holding: ¶12 In contrast to the […]
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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.