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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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Exigency — Blood Alcohol
State v. Paul J. VanLaarhoven, 2001 WI App 275 For VanLaarhoven: Michele Anne Tjader Issue: Whether a blood sample, properly obtained under the Implied Consent law, may be analyzed without a warrant. Holding: The Implied Consent law requires that all who apply for a driver’s license consent not only to provide a sample, but also a chemical […]
Search & Seizure – Applicability of Exclusionary Rule – Violation of Nonconstitutional Right — Unauthorized Practice of Law
State v. Debra Noble, 2002 WI 64, reversing 2001 WI App 145, 246 Wis. 2d 533, 629 N.W.2d 31 For Noble: Thomas H. Boyd Issue/Holding: Suppression of evidence is required only where it has been obtained in violation of the defendant’s constitutional rights or of a statute specifically providing for suppression as a remedy. ¶14. Issue: Whether, assuming […]
Search & Seizure – Applicability of Exclusionary Rule — Violation of Nonconstitutional Right – Statutory Building Inspection Procedure
State v. Albert Jackowski, 2001 WI App 187 For Jackowski: Ronald C. Shiroka Issue: Whether violation of a statutory requirement for issuance of a building inspection warrant (namely, the § 66.0119(2) condition that such a warrant be issued only upon showing that consent to enter was refused) supports suppression of evidence obtained after entry under the warrant. Holding: […]
Administrative Searches — Warrants — Building Inspection
State v. Albert Jackowski, 2001 WI App 187 For Jackowski: Ronald C. Shiroka Issue1: Whether review of issuance of an administrative warrant is entitled to the same deference as a criminal search warrant. Holding: “Great deference” is no less accorded a magistrate’s decision to issue an administrative warrant than a criminal search warrant. ¶¶9-14. Issue2: Whether a building […]
§ 948.31, Interference with Child Custody/Abduction: Construction of Elements
State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, reversed, other grounds, 2002 WI 34 For Samuel: Robert R. Henak Issue: Whether the evidence was sufficient to sustain conviction for interference with child custody, § 948.31(2) and abduction, § 948.30(1)(a). Holding: ¶38 We adopt the State’s construction. So long as the defendant has had a hand […]
§ 961.41(2), Maintaining Drug Residence — 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 […]
Guilty Pleas – Plea-Withdrawal, Postsentence — Newly Discovered Evidence
State v. Dennis R. Fosnow, 2001 WI App 2, 240 Wis. 2d 699, 624 N.W.2d 883 For Fosnow: David D. Cook Issue: Whether a postconviction diagnosis supporting an NGI defense amounted to newly discovered evidence, where the defendant had pled no contest after receiving unfavorable NGI evaluations. Holding: The new diagnosis was merely a new appreciation of […]
Plea-Withdrawal, Post-sentence – Procedure – Remedy, No Showing Defendant Understood All Elements
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether plea withdrawal is the appropriate remedy where the record contains no evidence that Lopez understood all elements of the offense Holding: ¶22. The proper remedy upon determining that the State failed to establish that Lopez understood the […]
Plea-Withdrawal, Post-sentence — Procedure — Burden of Proof: Spanish-speaking Defendant, Untranslated Questionnaire
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether Lopez made a prima facie showing that the plea colloquy was inadequate. Holding: The Spanish-speaking Lopez had problems, acknowledged by the trial court, communicating with his interpreter and necessitating a continuance of the plea hearing. At neither the […]
Intrastate Detainer Act, § 971.11 — Violation of Right to Speedy Disposition — Discretion to Dismiss with Prejudice as Remedy
State v. Christopher Lee Davis, 2001 WI 136, reversing 2001 WI App 61 For Davis: Jane Krueger Smith Issue1: Whether a circuit has discretion to dismiss a case with prejudice under § 971.11(7), for failure of the state to bring it on for trial within the 120-day period set by § 971.11(2). Holding: ¶14. We […]
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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.