SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

SCOW to address mootness, the due process right interpreters, and other Chapter 51 issues

Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity Issues:  Whether the mootness doctrine should apply to an appeal from a commitment order? Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to address mootness, the due process right interpreters, and other Chapter 51 issues

August 2019 publication list

On August 28, 2019, the court of appeals ordered the publication of the following criminal law related cases: State v. David Gutierrez, 2019 WI App 41 (circuit court erred in excluding evidence that DNA of other men was found on a victim’s clothing and buccal swab) State v. Medford B. Matthews, III, 2019 WI App […] Source: WI Public Defenders – On Point August 2019 … Continue reading August 2019 publication list

Only the state’s evidence is admissible

State v. Daniel A. Griffin, 2018AP649, 8/21/19, District 2 (recommended for publication); case activity (including briefs) Someone killed a young child in Griffin’s home. Both Griffin and the child’s mother were present at the time. What evidence was the jury allowed to hear about who committed the crime? If you guessed “any remotely relevant evidence […] Source: WI Public Defenders – On Point Only the … Continue reading Only the state’s evidence is admissible

Defense wrestles State into conceding Batson error, but doesn’t get new trial

State v. Patrick D. Zolliecoffer, 2018AP1639-CR, 8/20/19, District 1 (not recommended for publication); case activity (including briefs) Zolliecoffer challenged two of the State’s peremptory strikes as racially based. On appeal, the State conceded that the circuit court failed to apply the 3-step procedure for analyzing Batson claims, which On Point recently explained here.  Zolliecoffer urged […] Source: WI Public Defenders – On Point Defense wrestles … Continue reading Defense wrestles State into conceding Batson error, but doesn’t get new trial

Court of appeals approves striking black jurors due to their prior bad experiences with police

State v. Malcolm J. Sanders, 2018AP1310-CR, 8/7/19, District 2 (recommended for publication); case activity (including briefs) Sanders is black, and the DA struck the only black jurors from serving on his case because, even though they said they could be fair, they had had prior bad experiences with police, including being the subjects of racial […] Source: WI Public Defenders – On Point Court of … Continue reading Court of appeals approves striking black jurors due to their prior bad experiences with police

Defense win! Court must hold probable cause hearing within 72 hours of detention for violating Ch. 51 settlement agreement

Ozaukee County v. R. C.J. Y., 2019AP297, 8/7/19, District 1 (1-judge opinion, ineligible for publication); case activity Many Chapter 51 cases are resolved through 90-settlement agreements entered just before or just after the circuit court holds a probable cause hearing. These settlement agreements are governed by §51.20(8)(bg),(bm) and (br). The court of appeals explained that if […] Source: WI Public Defenders – On Point Defense win! … Continue reading Defense win! Court must hold probable cause hearing within 72 hours of detention for violating Ch. 51 settlement agreement

COA holds that DA’s sarcastic belittling of public defenders was due to inexperience, not overreach

State v. Darius Kavonta Smith, 2019AP642 & 643-CR, 8/6/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) During closing arguments, the DA made a sarcastic, belittling reference to public defenders who line up empty chairs to emphasize that the State neglected to call witnesses to prove guilt beyond a reasonable doubt. The […] Source: WI Public Defenders – On Point COA holds … Continue reading COA holds that DA’s sarcastic belittling of public defenders was due to inexperience, not overreach

Ludicrous is not the same thing as absurd

State v. Medford B. Matthews, III, 2018AP845, 7/24/19, District 2 (recommended for publication); case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being […] Source: WI Public Defenders – On Point Ludicrous is … Continue reading Ludicrous is not the same thing as absurd

SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity Issue:  A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51