On Point

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Holding: Consent to search was mere acquiescence and therefore involuntary. (“Depriving a defendant of necessities is an indicia that consent is involuntary.”)  

County of Jefferson v. Renz, 231 Wis.2d 293, 603 N.W.2d 541 (1999), reversing Jefferson Co. v. Renz, 222 Wis. 2d 424, 588 N.W.2d 267 (Ct. App. 1988) For Renz: Stephen E. Mays. Issue: Whether an officer is required to have probable cause to arrest before asking a suspect to submit to a preliminary breath test. Holding: The “overall […]

State v. Ronald L. Monarch, 230 Wis.2d 542, 602 N.W.2d 179 (Ct. App. 1999) For Monarch: Craig S. Lambert Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations Holding:: The crime of nonsupport is complete after each […]

State v. Crystal Harrell a/k/a Parker, 199 Wis. 2d 654, 546 N.W.2d 115 (1996) Issue/Holding: Although Parker encourages us to provide an objective standard of review for the initial subjective decision by a judge not to disqualify himself or herself, we decline to do so. Wisconsin Statute § 757.19(2)(g) is clearly drafted so as to place the […]

State ex rel. Fuentes v. Wisconsin Court of Appeals, 225 Wis. 2d 446, 593 N.W.2d 48 (1999) For Fuentes: Robert T. Ruth Issue/Holding: ¶6. The availability of habeas corpus relief arises out of the common law and is guaranteed by both the state2 and federal3 constitutions as well as by statute.4 Although a habeas corpus petition normally arises […]

State ex rel. Fuentes v. Wisconsin Court of Appeals, 225 Wis. 2d 446, 593 N.W.2d 48 (1999) For Fuentes: Robert T. Ruth Issue/Holding: Court of appeals’ “clerical error” (failure to mail appellate counsel a copy of its decision affirming conviction) which led to loss of deadline for filing petition for review in supreme court held remediable […]

State ex rel. Michael J. Hager v. Marten, 226 Wis.2d 687, 594 N.W.2d 791 (1999), affirming unpublished decision For Hager, Gerhardt F. Getzin, SPD, Wausau Issue/Holding: “(A) question of statutory interpretation may be considered on a writ of habeas corpus only if noncompliance with the statute at issue resulted in the restraint of the petitioner’s […]

State v. Mark Inglin, 224 Wis.2d 764, 592 N.W.2d 666 (Ct. App. 1999) For Inglin: Stephen M. Glynn & Robert R. Henak Holding: Inglin argues denial of right to offer an affirmative defense to § 948.31(1)(b), namely that his actions were necessary to prevent mental harm to the child. Although his argument “present[s] an intriguing due […]

State v. Mark Inglin, 224 Wis.2d 764, 592 N.W.2d 666 (Ct. App. 1999) For Inglin: Stephen M. Glynn & Robert R. Henak Holding: § 948.31(1)(b) penalizes several different actus reus alternatives, including taking a child away, or withholding a child more than 12 hours beyond court approval. Inglin had his ex-wife’s consent to take their child […]

State v. Dawn C. Moline, 229 Wis. 2d 38, 598 N.W.2d 929 (Ct. App. 1999) For Moline: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether prior conviction for possessing drug paraphernalia, § 961.573, qualifies the offender as a repeat drug offender,  § 961.48(3). Holding: By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to § […]