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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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Consent – Coercion — Number of Officers — Police Policy of Situating Officers on Both Sides of Stopped Car
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: The number of officers present does not, by itself, conclusively demonstrate coercion, but is a factor to consider among others. Thus, consent was validly given following a valid traffic stop that had lasted only 5 […]
Consent — Scope — Search of Car
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: Telling the officer that the trunk did not open failed to limit the scope of consent to search the trunk when the driver also said, “you can even look in the trunk”: His statement that […]
Exigency — Automobile Exception to Warrant Requirement — Probable Cause: White Powder
State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: Though the officer had never touched cocaine before, his discovery of a white, flour-like susbtance in clear plastic bags under the seat supported probable cause. And, because he therefore had probable cause to believe the […]
Judicial Bias/Disqualification — Judge as Subject of Recall Drive
State v. Pablo Cruz Santana, 220 Wis. 2d 674, 584 N.W.2d 151 (Ct. App. 1998) For Santana: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Judicial disqualification under § 757.19(2)(g), Stats., concerns not an outsider’s objective determination, but rather the judge’s subjective determination. See State v. American TV & Appliance, 151 Wis.2d 175, 182, 443 N.W.2d 662, […]
Possession of Controlled Substance – Sufficiency of Evidence – Presence of Substance in System
State v. John L. Griffin, 220 Wis. 2d 371, 584 N.W.2d 127 (Ct. App. 1998) For Griffin: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Like other jurisdictions, to be found guilty of possession of a controlled substance in Wisconsin, the defendant must have had the substance under his or her control and must have knowingly […]
Evidence of Unemployment and Large Sum of Money on Person — Admissibility: Simple Possession
State v. John L. Griffin, 220 Wis. 2d 371, 584 N.W.2d 127 (Ct. App. 1998) For Griffin: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Griffin was charged with drug possession. In State v. Pozo, 198 Wis.2d 705, 714, 544 N.W.2d 228, 232 (Ct. App. 1995), we stated that although a large amount of cash on […]
Attempted Fraudulent Acquistion of Controlled Substance, § 961.43(1) — Sufficiency of Evidence
State v. Linda M. Henthorn, 218 Wis. 2d 526, 581 N.W.2d 544 Ct. App. 1998) For Henthorn: Michael Yovovich, SPD, Madison Appellate Issue/Holding: Viewing the facts most favorable to the prosecution requires us to assume that, despite her denial, Henthorn in fact altered the prescription, changing the refill number from “1” to “11.” She then […]
Plea-Withdrawal – Post-sentencing — Procedure — Waiver of Attorney-Client Privilege
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998) For Nichelson: Paul M. Moldenhauer Issue/Holding: fn. 8: The State’s right to question a defendant’s attorney when the defendant alleges that the attorney failed to properly inform him or her before entering a plea is established in State v. Van […]
Plea-Withdrawal – Post-sentencing – Procedure – “Negative Inference” from Defendant’s Testimony Insufficient
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998) For Nichelson: Paul M. Moldenhauer Issue/Holding: It therefore appears to be an issue of first impression in Wisconsin whether a court can accept a negative inference to establish proof by clear and convincing evidence. Under the beyond a reasonable doubt […]
Plea-Withdrawal, Post-sentencing — Procedure — Reliance on Counsel’s Expertise to Infer Understanding of Elements
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998) For Nichelson: Paul M. Moldenhauer Issue/Holding: The State concedes that the discussion between Willett and Nichelson did not include a “complete catalogue of the elements of the offense.” It also appears to concede that, “examined in a vacuum, the above […]
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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.