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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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Sentence Modification — New Factor: Community Support
State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530 For Koeppen: Richard L. Zaffiro Issue/Holding: Level of community support” enjoyed by the defendant not a new factor justifying sentence reduction.
SVP – Trial: Evidence – Hearsay: Letters from DSM-IV Committee
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether letters from DSM-IV committee members, regarding the impact of an assault on a diagnosis of pedophilia, were properly admitted. Holding: A basis for an expert opinion, otherwise hearsay, is admissible if of “a type […]
SVP – Repealed Statute as Predicate Offense
State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163 For Pharm: Jack E. Schairer Issue: Whether conviction under the since-repealed statute of indecent behavior with a child may serve as a predicate offense for a Ch. 980 commitment. Holding: “(T)he legislature clearly intended to include, within the definition […]
Sentencing – Review – Inaccurate Information – Prosecutorial Allocution
State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: Asserted prosecutorial misconduct, in the form of misleading statements during allocution, is tested under State v. Wolff, 171 Wis. 2d 161, 167, 491 N.W.2d 498, 501 (Ct. App. 1992) (whether “what the prosecutor does has ‘so infected the trial with unfairness as to make […]
SVP – Sufficiency of Evidence – Volitional Capacity
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Although evidence of volitional impairment is required and in this bench trial the trial court erred in commenting to the contrary, ¶35, the court in fact found the existence of such evidence, ¶36.
SVP – Sufficiency of Evidence
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether the evidence was sufficient to support a finding that the 980 subject suffered from a qualifying mental disorder, given that the experts split on the issue. Holding: ¶15 Pletz argues that the two psychologists […]
SVP – Appeal – Waiver of Issue of Prosecutor’s Authority
State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163 For Pharm: Jack E. Schairer Issue: Whether Pharm waived objection to the prosecutor’s authorization to file a Ch. 980 petition. Holding: Pharm’s failure to object to the prosecutor’s filing the petition without going through the Department of Justice under […]
Guardianship/Protective Placement: Waiver of Conflict of Interest by Person Adjudicated Incompetent
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest. Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit […]
Counsel – Conflict of Interest – Guardianship — Dual Representation, Competing Interests
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether an attorney’s dual representation of the subject of a guardianship and her son worked a conflict of interest. Holding: The two clients had competing interests, including the son’s desire to buy his mother’s house at below market value, and the […]
Counsel – Conflict of Interest – Prior Representation by Prosecutor: “Reverse Representation”
State v. David Kalk, 2000 WI App 62, 234 Wis. 2d 98, 608 N.W.2d 428 For Kalk: John A. Pray, UW Law School Issue: Whether the defendant satisfied his burden of showing an actual conflict of interest stemming from his prior representation by the prosecutor on an unrelated charge. Holding: Given the trial court’s findings […]
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