State v. Diamond J. Arberry, 2016AP866-CR, 6/16/17, granting a petition for review of a published court of appeals decision; case activity (including briefs)
Issues (composed by On Point)
1. When a defendant is eligible for expungement under § 973.015 but expungement is not addressed the sentencing hearing, can the defendant raise the issue in a postconviction motion? If so, is a “new factor” motion the appropriate vehicle for bringing such a claim?
2. Did the circuit court err in its exercise of discretion when it denied Arberry expungement based on reasons that could apply in any case?
State v. Daniel H. Bartelt, 2015AP2506-CR, 6/15/17, granting review of a published court of appeals opinion; case activity (including briefs)
1. After confessing to an attempted homicide or other serious crimes, would a reasonable person feel free to terminate a police interview and leave an interrogation room, such that the person in not “in custody” for Miranda purposes?
2. After confessing, did Bartelt make a clear and unequivocal request for counsel when he asked one of the detectives, “Should I or can I speak to a lawyer or anything?” the detective replied, Sure, yes, that is your option.” And Bartelt replied, “Okay, I think I’d prefer that.” Read more
State v. Shaun M. Sanders, 2015AP2328-CR, granting review of a published court of appeals decision, 6/13/17, case activity (including briefs
Issue (copied from the petition for review):
Can a person be criminally responsible for acts he allegedly committed before the age of original juvenile court jurisdiction? Read more
State v. Shannon Olance Hendricks, 2015AP2429-CR, petition for review granted 5/15/17; review of an unpublished court of appeals decision; case activity (including briefs)
Issue (composed by On Point)
Do Wisconsin Statute § 971.08(1) and State v. Bangert require that a defendant entering a guilty plea to a crime with alternative modes of commission understand what the state needs to prove to meet its burden of proof on the mode (or modes) of commission the state has alleged?
State v. David Hager, 2015AP330, and State v. Howard Carter, 2015AP1311, petitions for review granted 5/15/17, review of published court of appeals decisions (Hager) (Carter); case activity (Hager) (Carter) (including briefs)
We’ve posted on these cases a few times. The first time was when the court of appeals certified them (together) to the supreme court. The supreme court refused that certification, so the court of appeals decided them (separately), as we discussed here and here. Read more
Review of a published court of appeals decision; case activity (including briefs)
Whether a defendant may, by voluntary absence or other conduct, waive the statutory right to be present at trial before the trial has begun?
Review of a per curiam court of appeals decision; case activity (including briefs)
Issues (composed by On Point based on the petition for review and the state’s response to petition for review)
Is the “greater latitude” rule created by case law regarding admission of other acts evidence in child sex cases codified by § 904.04(2)(b)1., which applies to admission of other acts evidence in cases involving an array of crimes in addition to child sex offenses?
Is evidence of a defendant’s criminal acts committed against a person other than the victim admissible under § 904.04(2)(b)1. to show a generalized motive or purpose by a defendant to “control” a person with whom he is in a relationship?