by admin
on June 28, 2021
State v. T.G., 2021AP351, 6/23/21, District 2 (1-judge opinion, ineligible for publication); case activity
The State filed a delinquency petition against T.G., then 15, for stealing a car and causing an accident that left two passengers seriously injured. The State also petitioned for waiver of jurisdiction. Reviewing the petition de novo, the court of appeals held that Count 1 had “prosecutive merit.” Further, the circuit court did not erroneously exercise its discretion in waiving T.G. into adult court. [continue reading…]
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by admin
on June 23, 2021
Eau Claire County v. J.M.P., 2020AP2014-FT, 6/22/21, District 3; (1-judge opinion, ineligble for publication); case activity
A month ago District 3 reversed the recommitment order in this case because the circuit court had violated Langlade County v. D.J.W. That is, the circuit court ordered a recommitment without making specific factual findings tied to one or more the standards of dangerousness in §51.20(1)(a)2. Thus, the court of appeals remanded the case and ordered the required factfinding. Upon reconsideration, the court of appeals has issued a new decision holding that the correct remedy is outright reversal. [continue reading…]
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by admin
on June 22, 2021
State v. Adam W. Vice, 2021 WI 63, 6/16/21, reversing a published decision of the court of appeals; case activity (including briefs)
The circuit court and court of appeals held Vice’s post-polygraph confession was involuntary because the police officers interrogating him referred multiple times to Vice’s polygraph results (he failed), told him that proved he remembered the crime despite his denials, but never told him the polygraph results were inadmissible as evidence. As we predicted, the state petitioned for review, the supreme court took the case, and, in an opinion essentially devoid of law development, holds Vice’s confession wasn’t coerced. [continue reading…]
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by admin
on June 21, 2021
State v. Joseph G. Green, 2020AP298-CR, petition for review granted 6/16/21, case activity (including briefs)
Issue (from the State’s petition):
Does a circuit court have authority to order tolling of the 12-month statutory time limit for bringing an incompetent criminal defendant to trial competency?
[continue reading…]
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by admin
on June 21, 2021
State v. Dawn Prado, 2021 WI 65, 6/18/21, affirming a published court of appeals decision; case activity (including briefs)
Third try wasn’t a charm, and we’ve lost track of what try this is, but SCOW has finally achieved a majority decision on the constitutionality of Wis. Stat. § 343.305(3)(b), which permits the police to take the blood of an unconscious OWI suspect without a warrant. As the court of appeals held below, it’s unconstitutional. [continue reading…]
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by admin
on June 18, 2021
State v. Jordan Alexander Lickes, 2021 WI 60, affirming a published court of appeals opinion, 2019AP1272-CR, 6/15/21, case activity (including briefs)
In State v. Ozuna, SCOW held that a young offender’s violation of any court-imposed conditions of probation renders expungement unavailable. Here, Lickes argued that: (1) the same rule does not apply to conditions imposed by the DOC, and (2) the circuit court has the discretion to find that an offender has satisfied the DOC’s conditions even if he has violated one or more of them and especially when, as in this case, the DOC itself requests expungement. In a split decision, SCOW rejects both arguments, making expungement a pipe dream for most young offenders. [continue reading…]
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by admin
on June 16, 2021
State v. Jacob Richard Beyer, 2021 WI 59, 6/15/21, on certification from the court of appeals; case activity (including briefs)
On Point is proud to present a guest post by Tom Aquino of the Madison appellate office:
A unanimous Wisconsin Supreme Court holds: “we will not permit parties to stipulate to every fact that satisfies a defendant’s guilt
and the defendant’s guilt as well.” (
¶20 (emphasis in original)). That is, a defendant can stipulate to facts from which a court can find the defendant guilty, but the defendant cannot stipulate to the finding of guilt. Stipulating to facts from which a court can find guilt might still be considered a trial (see below). But stipulating to the defendant’s
guilt is not a trial and is tantamount to a guilty plea. The distinction is important because a guilty plea generally waives all non-jurisdictional errors except those expressly preserved by statute or rule such as occurs with suppression issues per Wis. Stat.
§ 971.31(10).
[continue reading…]
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by admin
on June 14, 2021
State v. Daniel J. Rejholec, 2021 WI App 45; case activity (including briefs)
Police arrested Rejholec on suspicion of sexual assault of a minor. After receiving the Miranda admonitions, Rejholec agreed to speak with a detective. The interrogation was recorded on video. That video reveals the detective’s aggressive deployment of the so-called Reid technique: a method of extracting confessions (be they true or false). The detective bullies, cajoles and wheedles until he gets what he’s after: a confession. Oh, the detective also lies, floridly. [continue reading…]
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