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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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§ 904.01, Relevance – Victim’s Medical Records
State v. Frank M. Ruszkiewicz, 2000 WI App 125, 237 Wis. 2d 441, 613 N.W.2d 893 For Ruszkiewicz: Mark S. Rosen Issue: Whether the trial court erred in refusing to order production of the victim’s police and medical records, sought on the theory that they might show a condition that would cause her to bruise easily […]
Plea Bargains – Breach: By Prosecutor — Failure to Comply with Express Terms of Sentencing Recommendation
State v. Robert D. Hanson, 2000 WI App 10, 232 Wis.2d 291, 606 N.W.2d 278 For Hanson: Suzanne L. Hagopian, SPD, Madison Appellate. Issue: Whether the prosecutor breached the plea bargain by failing to expressly recommend the agreed 10 year sentencing cap, on a 15-year exposure. Holding: Even though the prosecutor did not expressly recite […]
Misconduct, § 904.04(2) – Motive and Intent — Videotaped Sex Acts of Young Females — Relevance to Child-Enticement
State v. Gabriel DeRango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. Derango, 229 Wis. 2d 1, 599 N.W.2d 27 For Derango: Robert G. LeBell Issue: Whether the trial court properly admitted, as misconduct evidence relevant to motive and intent on child enticement-related charges, depictions of sex acts by young females on videotapes […]
Plea Bargains – Breach: By Prosecutor — Less Than Neutral Recitation of Recommendation
State v. Robert D. Hanson, 2000 WI App 10, 232 Wis.2d 291, 606 N.W.2d 278 For Hanson: Suzanne L. Hagopian, SPD, Madison Appellate. Issue: Whether the prosecutor undermined a 10-year sentencing cap by emphasizing that “this is an extremely violent case,” along with other aggravating factors. Holding: By stressing to the trial court that she […]
Particular Examples of Misconduct, § 904.04(2) — Prior Resisting Arrest — Similarity to Charged Offense
State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530 For Koeppen: Richard L. Zaffiro Issue: Whether a prior act involving drunken resisting arrest was properly admitted into evidence. Holding: The prior act was admitted on the permissible purposes of showing intent and absence of mistake; had probative value due to strong […]
Particular Examples of Misconduct, § 904.04(2) — Inadmissible Propensity — Charge of Sexual Assault, Defense of Consent
State v. Luther Wade Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214 For Cofield: Donna L. Hintze, SPD, Madison Appellate Issue: Whether, on a charge of sexual assault where the defense was consent, evidence of prior sexual assaults were properly admissible. Holding: ¶11 In reviewing the list set forth in WIS. STAT. § […]
§ 904.04 – Greater Latitude Rule in Sexual Assaults
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 38 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether, on a charge of sexually assaulting a 13-year old niece while on a camping trip, evidence of the defendant’s conviction ten years […]
§904.04 – Greater Latitude Rule
State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F. 3d 807 (7th Cir. 2003) For Hammer: Rex Anderegg Issue: Whether, in a trial for sexual assault of several adolescent males while staying at defendant’s parents’ home, evidence that defendant fondled an adult male, 5-7 […]
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Sex Offender Registration Requirement
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 a guilty plea colloquy involving a crime that would require sex offender registration under Wis. […]
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Presumptive MR
State v. Stuart D. Yates, 2000 WI App 224, 239 Wis.2d 17, 619 N.W.2d 132 For Yates: Martha K. Askins, SPD, Madison Appellate Issue: Whether the presumptive MR date of § 302.11(1g)(am) 1997-98 is a direct or collateral consequence of a guilty plea. Holding: A court is required to advise a defendant only of direct […]
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