Categories
2019-20 Term 21. Habeas corpus 44. WI Supreme Court 6. State's defenses 8. Counsel, 6th Am. A. State b. Laches B. Opinions D. Ineffective Assistance Important Posts

SCOW: Defendants at 2nd grade level, abandoned by counsel, must research and apply law pro se

State ex rel. Wren v. Richardson, 2017AP880-W, 2019 WI 110, affirming a court of appeals unpublished memorandum opinion; case activity (including briefs) Two weeks ago, we posted “SCOW holds defendants abandoned by counsel to same standards as licensed lawyers,” calling State v. Pope “the most absurd decision this term (still time for worse).” Behold an […]
Source: WI Public Defenders – On Point
SCOW: Defendants at 2nd grade level, abandoned by counsel, must research and apply law pro se

Categories
11. Defense Wins 28. Postconv. Motions 45. WI Court of Appeals 8. Counsel, 6th Am. B. Newly Discovered Evidence C. Unpublished Opinions D. Ineffective Assistance Important Posts

Defense win – defendant gets evidentiary hearing on IAC and newly-discovered evidence claims

State v. Antonio L. Bell, 2018AP1593 & 1594, 12/27/19, District 1 (not recommended for publication); case activity (including briefs) Bell pleaded to two sexual assaults: one of his 9-year-old daughter and one of his 14-year-old stepdaughter. He maintained his innocence but insisted that he would plead to spare them from testifying. After sentencing, he filed […]
Source: WI Public Defenders – On Point
Defense win – defendant gets evidentiary hearing on IAC and newly-discovered evidence claims

Categories
1. Principles of 2. Waiver and reverse waiver 2019-20 Term 25. Juvenile proceedings 38. Statutes 44. WI Supreme Court A. Jurisdiction/competence B. Construction B. Delinquency proceedings B. Opinions e. Plain text f. Related statutes h. Singular and plural Important Posts

SCOW: waiver in any county means adult jurisdiction in every county

State v. Matthew Hinkle, 2019 WI 96, 11/12/19, affirming a published court of appeals decision, 2017AP1416, case activity (including briefs) We’ve posted on this case twice before, first on the published court of appeals decision and then on the supreme court’s grant of the petition for review. The question is easily posed: the statute says […]
Source: WI Public Defenders – On Point
SCOW: waiver in any county means adult jurisdiction in every county

Categories
2019-20 Term 34. Search & Seizure 44. WI Supreme Court 6. Act 79 B. Opinions C. Warrant unnecessary Important Posts

In case of first impression, SCOW upholds search pursuant to Act 79

State v. Roy S. Anderson, 2019 WI 97, affirming a per curiam court of appeals decision, 11/15/19; case activity (including briefs) Act 79 permits law enforcement to search a person on probation, parole or extended supervision based on reasonable suspicion (not probable cause) that the person, is is about to, or has committed a violation […]
Source: WI Public Defenders – On Point
In case of first impression, SCOW upholds search pursuant to Act 79

Categories
'19-20 1. Types of evidence 15. Evidence 4. Character, 904.04 44. WI Supreme Court A. Review Grants c. "Greater latitude" rule D. Relevance, Ch. 904 f. Failure to ID defendant Important Posts K. Rape shield, 972.11(2) Pending in SCOW

SCOW to review erroneous exclusion of defense DNA evidence

State v. David Gutierrez, 2017AP2364-CR, petition for review of a published court of appeals decision granted 11/13/19; case activity (including briefs) Issue (based on the State’s Petition for Review): 1. Did the court of appeals violate the standard of appellate review of trial court evidentiary rulings by holding the trial court erred in deciding to exclude […]
Source: WI Public Defenders – On Point
SCOW to review erroneous exclusion of defense DNA evidence

Categories
1. Miranda custody 45. WI Court of Appeals 5. Confessions A. In-Custody, 5th Amendment B. Published opinions Important Posts Published 2019

Incarceration is no longer custody per se under Miranda

State v. Brian L. Halverson, 2018AP858-CR, 11/13/19, District 3 (recommended for publication); case activity (including briefs) Until now, Wisconsin held that a person who is interviewed by law enforcement while incarcerated is per se in custody and thus must receive a Miranda warning. State v. Armstrong, 223 Wis. 2d 331, 588 N.W. 2d 606 (1999). This published […]
Source: WI Public Defenders – On Point
Incarceration is no longer custody per se under Miranda

Categories
3. Exigent circumstances 34. Search & Seizure 45. WI Court of Appeals B. Published opinions C. Warrant unnecessary e. Hot pursuit Important Posts Published 2019

How to measure the hotness of an officer’s pursuit

State v. Jeffrey L. Ionescu, 2018AP1620-CR, 11/13/19, District 2 (recommended for publication; case activity (including briefs) A homeowner told police that he found a burglar in his car and saw him run west across his yard. About 10 minutes later, officer and a trained tracking dog headed in that direction for about 30 minutes. The […]
Source: WI Public Defenders – On Point
How to measure the hotness of an officer’s pursuit

Categories
45. WI Court of Appeals B. Published opinions Important Posts Published 2019

October 2019 publication list

On October 30, 2019, the court of appeals ordered the publication of the following criminal law related decision: State v. Amy Joan Zahurones, 2019 WI App 57 (defendant entitled to credit under § 973.155 toward sentence imposed after revocation of deferred entry of judgment agreement)
Source: WI Public Defenders – On Point
October 2019 publication list

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2. Probable cause 34. Search & Seizure a. Automobile b. Container B. Search warrants Important Posts Pending in SCOW

SCOW will address vehicle searches incident to OWI arrests

State v. Mose B. Coffee, 2018AP1209, petition for review granted 10/18/19; case activity (including briefs) Issue: Whether evidence obtained during a warrantless search of a person’s vehicle incident to his OWI arrest must be suppressed when there was no reason to believe that evidence of the OWI arrest would be found in the area of the […]
Source: WI Public Defenders – On Point
SCOW will address vehicle searches incident to OWI arrests

Categories
'19-20 2. 809.30, direct appeal 21. Habeas corpus 28. Postconv. Motions 3. Rothering/Knight petitions 4. Procedural requirements 44. WI Supreme Court 5. 974.06, collateral attack A. Review Grants A. State A. Type pf PCM d. Venue Important Posts Pending in SCOW

SCOW will address confusion created by Starks

State ex rel. Milton Eugene Warren v. Michael Meisner, 2019AP567-W, petition for review granted 10/16/19; case activity Issue (composed by On Point based on the petition for review) Whether under State v. Starks, 2013 WI 69, Warren’s § 974.06 postconviction motion alleging ineffective assistance of counsel by the lawyer appointed on direct appeal should be […]
Source: WI Public Defenders – On Point
SCOW will address confusion created by Starks