State v. Jonathan M. Mark, 2022AP001739-CR, 5/10/23, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) While at a Kwik Trip investigating an unrelated incident, an officer spotted Mark whom he believed to be the subject of an
Wisconsin State Public Defender
The Wisconsin State Public Defender's Office (SPD) has been providing "justice for all" since 1977, and is an independent, executive-branch state agency that ensures Wisconsin meets its constitutional requirement of providing legal representation to the indigent.
The mission of the Wisconsin State Public Defender is to zealously represent clients, protect constitutional rights, and advocate for an effective and fair criminal justice system. Our commitment is to treat our clients with dignity and compassion. Vision statement: The Wisconsin State Public Defender Office will lead the way in protecting justice for all.
The agency provides legal representation to the indigent throughout the state in all of Wisconsin's 72 counties. Organizationally, the SPD has 37 local trial offices, 2 appellate offices and a central administrative office. The agency utilizes staff attorneys as well as contract private attorneys (to handle conflict and overflow cases).
The SPD's website provides resources to clients and potential clients, private attorneys who are certified to take SPD case appointments, individuals involved in the criminal justice system, and the public interested in the state agency that delivers on Wisconsin's constitutional requirement regarding indigent defense.
SPD Main Telephone number: 608-266-0087
Website:
https://www.wispd.org/
Latest from Wisconsin State Public Defender - Page 3
COA affirms default TPR against incarcerated dad
Price County v. T.L., 2022AP1678, 4/25/2023, District 3 (1-judge opinion, ineligible for publication); case activity The law governing default TPRs is messy. Click here. This decision makes it messier. The County petitioned for a TPR arguing that “Tad” failed to…
Defense win: Post-sentencing vacatur of prior OWIs may constitute a new factor justifying sentence modification
State v. James J. Socha, 2021AP1083-CR & 2021AP2116-CR, District 1, 4/25/23 (not recommended for publication); case activity (including briefs): 2021AP1083-CR; 2021AP2116-CR The fact that some of Socha’s prior OWI offenses have been lawfully vacated since he was sentenced may constitute…
Defense win: Defendant alleged sufficient facts to get a hearing on his motion to reopen a default refusal judgment
State v. Peter John Long, 2022AP496, District 2, 5/3/23 (one-judge decision; ineligible for publication); case activity (including briefs) The state concedes, and the court of appeals agrees, that Long is entitled to a hearing on his motion to reopen the…
COA holds error in information didn’t invalidate repeater enhancer
State v. Steven M. Nelson, 2021AP843-845, 4/4/23, District 3 (not recommended for publication); case activity (including briefs) Nelson pleaded guilty to possessing meth as a repeater. He was eligible for the repeater enhancement because, on November 15, 2017, he’d been…
Defense win! Seventh Circuit affirms habeas grant, holds right to counsel attaches when CR-215 form completed
Nelson Garcia, Jr., v. Randall Hepp, No. 21-3268, 4/25/23, affirming Nelson Garcia, Jr. v. Brian Foster A long line of Supreme Court cases holds that a criminal defendant’s right to counsel attaches when he or she becomes a criminal defendant:…
April 2023 publication list
On April 26, 2023, the court of appeals ordered publication of the following criminal law related decisions: Outagamie County v. L.X.D.-O., 2023 WI App 17 (counties must move examiners’ reports into evidence at recommitment hearings, but not at initial commitment…
Supreme court will review mine-run reasonable suspicion case
State v. Donte Quintell McBride, 2021AP311-CR, state’s petition to review an unpublished court of appeals decision granted, 4/18/23; case activity (including briefs, PFR, and response to PFR) Issues (from the State’s PFR): 1. When reviewing a motion to suppress, what…
COA rejects claim that decision to deny expungement was based on inaccurate information
State v. Isaac M. Gabler, 2022AP995-CR, District 2, 04/19/23 (one-judge opinion, ineligible for publication); case activity Gabler pled no contest to violating a temporary restraining order (TRO). The circuit court placed him on probation and denied his request to be…
Defense win! “Serious felony against a child” finding reversed in TPR appeal
Brown County v. Department of Human Services v. S.K., 2022AP1432, 4/18/202, District 3 (1-judge opinion, ineligible for publication); case activity A court has grounds to terminate parental rights under §48.415(9m) when the parent commits a “serious felony against a child.”…