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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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§ 943.10, Burglary (Entry with Intent to Commit Felony) — Unanimity as to Intended Felony not Required
State v. Gordon Hammer, 216 Wis. 2d 214, 576 N.W.2d 285 (Ct. App 1997) For Hammer: Charles W. Jones, Jr. Issue: Whether juror unanimity is required for burglary, as to which felony was intended during the unlawful entry. Holding: In addressing Hammer’s unanimity claim, we engage in a two-step process. We must first determine whether […]
Arrest — Test for Custody — Temporary Stop Not Converted to Arrest by Moving Suspect
State v. Quartana, 213 Wis.2d 440, 570 N.W.2d 618 (Ct. App. 1997) For Quartana: Donal L. Connor II Issue/Holding: … Thus, when a person under investigation pursuant to a Terry stop is moved from one location to another, there exists a two-part inquiry. First, was the person moved within the “vicinity?” Second, was the purpose […]
Attenuation of Taint — In-Court Identification, Witness’s Independent Recollection
State v. David J. Roberson, 2006 WI 80, affirming 2005 WI App 195 For Roberson: Richard D. Martin, SPD, Madison Appellate Issue/Holding: ¶34 An in-court identification is admissible, therefore, if the court determines that the identification is based on an independent source. … In other words, the in-court identification must rest on an independent recollection of the […]
Attenuation of Taint — Statements
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997) For Kiekhefer: Linda Hornik Issue/Holding1: Our inquiry does not end here, however. Because the agents’ entry constituted a violation of Kiekhefer’s Fourth Amendment protections, the question remains whether all of the seized evidence should be suppressed utilizing the attenuation doctrine articulated […]
Consent – Coercion — Threat to Obtain Warrant
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997) For Kiekhefer: Linda Hornik Issue/Holding: “Police may not threaten to obtain a search warrant when there are no grounds for a valid warrant, but `[w]hen the expressed intention to obtain a warrant is genuine … and not merely a pretext to […]
Restitution — Limitations — Bail-Bond Disbursement
William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue: Whether bail posted under a bond in a seprate criminal case may be forfeited in order to satisfy a restitution obligation. Holding: In regards to this jurisdictional question, Olson … argues that a trial court has […]
Restitution — Defenses — Civil Settlement (Setoff)
William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue/Holding: The statutory section governing restitution allows a defendant to reduce civil damages awarded to the crime victim by amounts paid pursuant to a restitution order. See § 973.20(8), Stats. We read this statute to likewise […]
WESCL, §§ 968.27 – .37 — Unilateral Public Disclosure Not Authorized – Complaint Containing Such Disclosure Should Be Sealed
State v. Kevin Gilmore, 201 Wis. 2d 820, 549 N.W.2d 401 (1996), affirming, 193 Wis. 2d 403, 535 N.W.2d 21 (Ct. App. 1995) For Gilmore: Robert R. Henak Issue/Holding: We hold that while WESCL does not authorize the State’s unilateral public disclosure of intercepted communications in a criminal complaint, the State may incorporate intercepted communications in […]
Reasonable Suspicion – Stop – Basis – Vehicle: Armed Robbery Investigation
State v. Anthony Harris, 206 Wis. 2d 243, 557 N.W.2d 245 (1996), reversing unpublished decision of court of appeals For Harris: Robert J. Diaz Issue/Holding: The only specific and articulable facts of the record before us, namely that a vehicle pulled away from the curb close to the robbery suspect’s address, and that the vehicle contained several black […]
Reasonable Suspicion — Stop — Duration — Seeking Consent to Search Automobile After Purpose of Stop Fulfilled
State v. Daniel L. Gaulrapp, 207 Wis. 2d 600, 558 N.W.2d 696 (Ct. App. 1996) For Gaulrapp: Ralph A. Kalal Issue/Holding: Asking the motorist, during a routine stop for a muffler violation, if he had drugs or weapons and then obtaining permission to search the vehicle didn’t illegally extend the detention: The trial court here made […]
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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.