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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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Assessment of Pre-Existing Information not “Newly Discovered” — Sexually Violent Persons Proceeding
State v. Daniel Williams, 2001 WI App 155 For Williams: Adrienne M. Moore, SPD, Racine Trial Issue: Whether the grant of a petition for supervised release (§ 980.08) can be vacated on the basis of a periodic re-examination report (§ 980.07) which is a mere assessment of the same information utilized during the supervised release proceeding. […]
§ 904.01, Relevance – Demonstrative Evidence
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a witness should have been permitted to demonstrate with a doll the force used to cause injuries to the child victim. Holding: The fact that the experts couldn’t agree on the exact cause of […]
Double Jeopardy – Multiplicity: Sexual Assault — Distinct Intrusions
State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether distinct types of sexual assault (mouth-vagina and penis-vagina) necessarily support distinct counts. Holding: ¶59 There is another reason Koller’s second multiplicity challenge fails. This second claim is directed primarily at the relationship between Count 4 […]
Defenses – “Statutory Double Jeopardy” – Drug Offenses – § 961.45
State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 626 N.W.2d 195, on certification For Hansen: Pamela Pepper Issue: “¶8 … ‘Does Wis. Stat. § 961.45 bar prosecution for the state crime of possession of cocaine with intent to deliver, where a defendant previously has been convicted, based on the same conduct, for the […]
SVP – Trial: Expert Witnesses – Psychologist: Licensure
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether a psychologist must be licensed in Wisconsin to provide expert opinion in a Ch. 980 proceeding. Holding: No: “the standard for determining the admissibility of expert testimony in this case is the general one, […]
SVP – Postdisposition: Supervised Release – Revocation – Uncharged Rule Violation – Right to Notice
State v. Keith Alan VanBronkhorst, 2001 WI App 190 For VanBronkhorst: Jack E. Schairer, SPD, Madison Appellate Issue: Whether revocation of supervised release from a ch. 980 commitment was properly based on an uncharged rule violation. Holding: ¶9 … “(P)rocedural due process protections afforded in probation or parole revocation proceedings apply to supervised release revocation […]
SVP – Postdisposition – Right to independent expert
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the commitment subject has a right to present an independent medical report at a petition for discharge probable cause hearing, § 980.09(2)(a). Holding: Although a Ch. 980 patient does have the right […]
Waiver of Appeal — Arguably Meritorious Appellate Issue that Would Have Incurred Risk
State ex rel. Richard A. Ford (II) v. Holm, 2006 WI App 176, PFR filed 9/11/06; on appeal following remand in 2004 WI App 22 (“Ford I”) For Ford: James R. Troupis For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue/Holding: Given circuit court findings “that Ford affirmatively elected not to pursue any issue that […]
Sequestration — Expert
State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220 For Evans: Steven D. Phillips, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in preventing a DNA expert from sitting at counsel table. Holding: “|10 We are satisfied that, on this record, the circuit court did not erroneously […]
SVP – Trial – Necessity of Objection to Insufficient Proof
State v. Dennis R. Thiel (I), 2000 WI 67, 235 Wis. 2d 823, 612 N.W.2d 94, on certification from court of appeals For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the ch. 980 respondent waived his objection to insufficient proof by absence of objection. Holding: “(T)he subject of a commitment petition under ch. […]
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