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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: Materiality — Promise Must Induce Plea
State v. Anthony A. Parker, 2001 WI App 111 Issue: Whether transfer to an out-of-state prison breached the plea bargain. Holding: ¶7 … (I)n order to prevail on a claim of breach of a plea agreement, Parker cannot rely on whatever his ‘reasonable expectations’ might have been at sentencing. Instead, he must show the violation […]
Plea Bargains — Breach: Limiting Defense Presentation at Sentencing
State v. Shomari L. Robinson, 2001 WI App 127, PFR filed 5/7/01 For Robinson: Joseph L. Sommers Issue: Whether the plea bargain was breached when the defendant wasn’t allowed to present certain evidence at sentencing. Holding: ¶16 … (T)he trial court did not clearly err in finding that the plea agreement called for argument by […]
Particular Examples of Misconduct, § 904.04(2) — Prior Child Abuse — Trial on Homicide of Child
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether evidence of prior child abuse, both to the immediate victim and another child, was properly admitted in a trial on homicide of a child. Holding: There was sufficient evidence for a reasonable jury to find by […]
Particular Examples of Misconduct, § 904.04(2) — Admissibility — in General
State v. Joseph F. Rizzo, 2001 WI App 57, 241 Wis. 2d 241, 624 N.W.2d 824, reversed and remanded on other grounds, 2002 WI 20 For Rizzo: Franklyn M. Gimbel Issue: Whether admission of other acts evidence was an erroneous exercise of discretion. Holding: ¶5 … In a written decision, the trial court properly applied the Sullivan three-step analysis: The […]
Particular Examples of Misconduct, § 904.04(2) — Prior Sexual Assault of Adult — Relevance to Charge of Child Sexual Assault — Dissimilarities, Including Age Disparity of Victims
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether a prior sexual assault of an adult was sufficiently similar to the charged sexual assault of a child to be admissible as other crimes evidence. Holding: ¶14. The next step is whether the 1992 conviction was relevant; […]
“Shiffra” Material — In Camera Inspection
State v. Juan M. Navarro, 2001 WI App 225 For Navarro: Joseph M. Moore, SPD Trial, Juneau Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges […]
“Shiffra” Material — In Camera Inspection
State v. Terrance W. Walther, 2001 WI App 23, 240 Wis. 2d 619, 623 N.W.2d 205 For Walther: Raymond M. Dall’Osto, Kathryn A. Keppel Issue: Whether the defendant’s motion for in camera inspection of the child sexual assault complainant’s confidential records should have been granted. Holding: ¶11 Here, Walther established more than the mere possibility that […]
§ 943.10, Burglary (Entry with Intent to Commit Felony) – Elements
State v. Earl Steele III, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595 For Steele: Timothy J. Gaskell Issue: Whether felon in possession of firearm may be the underlying felony to burglary (entry with intent to commit felony), § 943.10(1)(a), when the defendant-felon was already in possession of the firearm before entry. […]
Guilty Pleas – Required Knowledge — Elements — Burglary with Intent to Commit Felony — Specific Felony
State v. Earl Steele, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595 For Steele: Timothy J. Gaskell Issue: Whether the colloquy on a guilty plea to burglary/intent-to-commit-felony must apprise the defendant of the specific felony. Holding: ¶8 The trial court chose to summarize WIS. STAT. § 943.10 during colloquy, in combination with questioning defense counsel. Steele contends that […]
Guilty Pleas – Factual Basis — Use of Complaint
State v. Tyren E. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363, reversing unpublished court of appeals decision For Black: Michael S. Holzman Issue: Whether the trial court properly found a factual basis for the guilty plea, by relying solely on the criminal complaint, where extraneous information put one of the elements […]
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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.