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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.

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 was justified as both incident to arrest and as based on probable cause.

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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 withdraw the plea.

Holding: The plea colloquy was deficient,

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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State v. Terry Thomas, 2000 WI 13, 232 Wis. 2d 714, 605 N.W.2d 836, affirming unpublished decision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 crime charged in order to accept the factual basis underlying a guilty plea. 

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§ 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 making the offer — so long as the person making the offer believes that the test or analysis is possible,

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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 behavior exhibited by the child complainant prior to the alleged assault,

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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. § 51.61(1), we hold that the statutory provision in § 51.61(1)(g),

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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 in support of alibi, the trial court didn’t err in finding insufficient materiality to support adjournment.

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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 conclude that the office of the clerk of circuit court does not have the authority to correct a clerical error in the sentence portion of a written judgment of conviction.

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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 were accomplished by closed-circuit television.
Holding: Although the procedure used in the prior offense violated the &sect 971.04(1) statutory mandate of actual physical presence,

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Continuance — General

State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126

For Leighton: Daniel Snyder

Issue: Whether the trial court erroneously exercised discretion in denying a continuance based on assertions that lead counsel wanted to obtain assistance of another attorney in trying the case, and also was having difficulty locating certain witnesses.

Holding: Given that these witnesses ultimately testified, and that the desired attorney never made an appearance or filed a notice of retainer,

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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.