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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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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. […]
Appellate Procedure: Finality of Order — Subsequent Order Superceding Prior Order
State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999) For Richter: Susan Alesia, SPD, Madison Appellate Issue: Whether the second of two competing orders granting a suppression motion superceded the first, so as to make the state’s notice […]
Notice of Appeal – Indigency Filing – by Fax
State v. Ronald G. Sorenson, 2000 WI 43, 234 Wis. 2d 648, 611 N.W.2d 240, reversing unpublished decision of court of appeals Issue: “(W)hether Wis. Stat. § 801.16(2), under which ‘papers that do not require a filing fee’ may be filed by facsimile transmission, permits indigent parties to file a notice of appeal by facsimile.” […]
Sentence Credit – Home Detention
State v. Paul E. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, reversing unpublished decision For Magnuson: Keith A. Findley, UW Law School Issue: Whether a defendant is entitled to sentence credit for time spent in home detention with electronic monitoring as a condition of bond. Holding: Custody for sentence credit purposes is […]
Closing Argument — Failure to Move for Mistrial
State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 038 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether objection to the prosecutor’s closing argument was waived by failing to move for mistrial. Holding: Although Davidson objected to […]
Restitution — Limitations — Federal ERISA Preemption — pension fund assets
State v. David W. Oakley, 2000 WI 37, 234 Wis. 2d 528, 609 N.W.2d 786, reversing State v. Oakley, 226 Wis. 2d 437, 594 N.W.2d 827 (Ct. App. 1999) For Oakley: Timothy T. Kay Issue: “(W)hether a circuit court may require payment of an old, unpaid fine that was imposed in a prior sentence as a condition […]
Sentencing – Review – Articulation of Primary Factors in Setting PED
State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue/Holding: In setting parole eligibility date trial court need not separately refer to primary factors used in imposing sentence. ¶¶52-53.
Double Jeopardy – Multiplicity: Child Enticement – Single Act
State v. William J. Church, 2000 WI 90, 223 Wis. 2d 641, 589 N.W.2d 638, dismissing review as improvidently granted, thereby affirming State v. Church , 223 Wis. 2d 641, 589 N.W.2d 638 (Ct. App. 1998) For Church: James L. Fullin, SPD, Madison Appellate Issue: Whether the child enticement statute, § 948.07, supports multiple charges and punishments based […]
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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.