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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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Warrants – Good-faith Exception – Reliance on Judge-made Law
State v. Lisa Orta and Ricardo Ruiz, 2000 WI 4, 231 Wis.2d 782, 604 N.W.2d 543, reversing unpublished decision For Orta: Mark F. Nielsen, Schwartz, Tifte & Nielsen For Ruiz: Michael P. Reisterer, Jr. For amici (SPD & WACDL): Mary E. Waitrovich, SPD, Madison Appellate, & Howard B. Eisenberg Issue: Whether the exclusionary rule applies […]
Reasonable Suspicion – Stop – Duration – Traffic Offense – Asking for Passenger’s Identification Following Lawful Stop
State v. Terry Griffith, 2000 WI 72, 236 Wis. 2d 48, 613 N.W.2d 72, affirming unpublished decision of court of appeals For Griffith: Paul G. LaZotte Issue: Whether the police lacked authority to ask the name and birth date of a passenger of a lawfully stopped car. Holding: The police may request identifying information from passengers during traffic stops, […]
Attempt, § 939.32 — Conspiracy, § 939.31 — Multiplicity
State v. Melvin L. Moffett and Jerrell I. Denson, 2000 WI 130, 239 Wis. 2d 629, 619 N.W.2d 918, affirming State v. Moffett/Denson, 2000 WI App 67, 233 Wis. 2d 628, 608 N.W.2d 733 For Moffett: Patrick J. Stangl; for Denson: Joseph L. Sommers Issue: ¶2 The parties present the following question to this court: May the State […]
Expectation of Privacy — Curtilage — Test — Open Fields
State v. Thomas G. Martwick, 2000 WI 5, 231 Wis.2d 801, 604 N.W.2d 552, reversing unpublished decision For Martwick: Robert P. Rusch Issue: Whether plants found on Martwick’s property were within his curtilage, and therefore subject to the warrant requirement, or in “open fields.” Holding: The plants were in open fields, outside the curtilage, and therefore could be […]
Exigency – Destruction of Evidence (Drugs) – Entry of Residence – Odor of Burning Marijuana
State v. Vanessa D. Hughes, 2000 WI 24, 233 Wis. 2d 280, 607 N.W.2d 621, reversing unpublished decision, cert. denied, __ U.S. __ (2001).For Hughes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate. Issue1: Whether “the combination of the strong odor of marijuana coming from the apartment, and the knowledge on the part of the occupants that the police are […]
First Amendment – Scienter – Exposure to Harmful Materials via Internet, § 948.11
State v. Lane R. Weidner, 2000 WI 52, 235 Wis. 2d 306, 611 N.W.2d 684, on certification For Weidner: Steven D. Phillips, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional. Holding: ¶43 In sum, we determine that Wis. Stat. § 948.11(2) is unconstitutional in the context of the internet and other situations that do not involve face-to-face […]
Consent — Acquiescence
State v. Vanessa D. Hughes, 2000 WI 24, 233 Wis. 2d 280, 607 N.W.2d 621, reversing unpublished decision, cert. denied, __ U.S. __ (2001). For Hughes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate. Issue: Whether Hughes voluntarily consented to a search of her person. Holding: By verbally consenting and affirmatively assisting the police by lifting her skirt, Hughes did more […]
Warrantless Entry of Residence – Exigency — In General
State v. Vanessa D. Hughes, 2000 WI 24, 233 Wis. 2d 280, 607 N.W.2d 621, reversing unpublished decision, cert. denied, __ U.S. __ (2001) For Hughes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate. Issue/Holding: ¶25 In Smith, we recognized four circumstances which, when measured against the time needed to obtain a warrant, constitute the exigent circumstances required for a warrantless […]
Exigency — Automobile Exception to Warrant Requirement
State v. Robert J. Pallone, 2000 WI 77, 236 Wis. 2d 162, 613 N.W.2d 568, affirming State v. Pallone, 228 Wis. 2d 272, 596 N.W.2d 882 For Pallone: Steven J. Watson Issue: Whether the search of a vehicle passenger’s duffel bag, following the driver’s arrest for the forfeiture offense of having open intoxicants, was proper. Holding: The search […]
Guilty Pleas – Required Knowledge — Elements — Written Questionnaire Supplying Missing Information
State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999) For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd. Issue: Whether the trial court’s failure to advise the defendant of an element during the plea colloquy entitled him to […]
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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.