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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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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State v. Vanessa D. Hughes, 2000 WI 24, 233 Wis. 2d 280, 607 N.W.2d 621, reversing unpublished decision, cert.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 […]
Guilty Pleas – Factual Basis — Personal Assent by Defendant not Necessary
State v. Terry Thomas, 2000 WI 13, 232 Wis. 2d 714, 605 N.W.2d 836, affirming unpublished decision For Thomas: Jeffrey W. Jensen Issue: Whether a guilty plea defendant must personally assent to the plea’s factual basis. Holding: ¶18 This case requires us to determine to what extent a defendant must admit the facts of a […]
§ 904.01, Relevance – Consciousness of Innocence – Offer to Take DNA Test
State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918 For Santana-Lopez: Rex Anderegg Issue: Whether a sexual assault defendant’s pretrial offer to take a DNA test is relevant as consciousness of innocence. Holding: “(A)n offer to undergo DNA analysis [is] relevant to the state of mind of the person […]
Rape-Shield, § 972.11 – Prosecutorial Door-Opening
State v. Charles A. Dunlap, 2002 WI 19, reversing 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398; affirmed on habeas, Dunlap v. Hepp, 436 F. 3d 739 (7th Cir 2006) For Dunlap: Jack E. Schairer, SPD, Madison Appellate Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual […]
SVP Commitments: Conditions of Confinement: Involuntary Medication
State v. Anthony D.B., 2000 WI 94, ¶11, 237 Wis. 2d 1, 614 N.W.2d 435 For Anthony D.B.: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether a circuit court has authority, on a Ch. 980 commitment, to order involuntary medication. Holding: “Because those individuals committed under ch. 980 are defined as ‘patients’ in Wis. Stat. § […]
Continuance — Materiality of Absent Witness
State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11 For Williams: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court improperly refused to adjourn trial so that the defense could secure presence of a witness. Holding: Because the absent witness’s proposed testimony was vague as to details […]
Sentencing Review – Conflict, Oral Pronouncement & Written Judgment – Correction of Clerical Error in Judgment
State v. Robert John Prihoda, 2000 WI 123, 239 Wis. 2d 244, 618 N.W.2d 857, affirming unpublished decision For Prihoda: Timothy T. Kay Issue1: “(W)hether the office of the clerk of circuit court may correct a clerical error in the sentence portion of a written judgment of conviction without prior court approval.” ¶3. Holding1: ¶5: (W)e […]
Defendant’s Presence — “Remote” Appearance by Video, at Plea and Sentencing
State v. Lawrence P. Peters, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655, petition for rev. gr., 11/15/00, reversed on other grounds, 2001 WI 74 For Peters: Jane K. Smith Issue: Whether a prior offense may be used to enhance a current one, where the plea and sentencing on the prior offense […]
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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.