On Point

On Point is sponsored by the Wisconsin State Public Defender. All content is subject to public disclosure. If you have questions about this blog, please email Colleen Ball at ballc@opd.wi.gov or Jefren Olsen at olsenj@opd.wi.gov.

Latest from On Point

Rico Sanders v. Scott Eckstein, 7th Circuit Court of Appeals No. 19-2596 (Nov. 30, 2020) Sanders was give a 140-year sentence for sexual assaults he committed when he was 15 years old. He’ll be eligible for parole in 2030, when he’s 51. He argues he’s entitled to habeas relief because the Wisconsin Court of Appeals […]…
On November 19, 2020, the court of appeals ordered the publication of the following criminal law related decisions: State v. Manuel Garcia, 2020 WI App 71 (voluntary statement obtained in violation of Miranda can’t be used in state’s case-in-chief—period) State v. Alan S. Johnson, 2020 WI App 73 (“Marsy’s Law” gives alleged victim standing to […]…
City of Oshkosh v. Brian D. Hamill, 2020AP867, District 2, 12/2/20 (1-judge opinion; ineligible for publication); case activity (including briefs) The facts are just that simple. At 2:38 a.m. (bar closing time) an officer observed Hamill’s Jeep drifting to the right line of its lane, then to the center for 30-40 feet, then to the […]…
State v. D.A.M., 2020AP821, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity The evidence at D.A.M.’s trial was sufficient to show his conduct constituted a terrorist threat under § 947.019. D.A.M. was not supposed to be on the premises of Bradford High School, so when he appeared on school property J.S., the dean […]…
State v. Michael Anthony Dotson, 2019AP1082-CR, District 3, 11/24/20 (one-judge decision; ineligible for publication); case activity (including briefs) Though this is a “close case” (¶28), the objectively reasonable inferences from the totality of the facts and circumstances known to the officer who stopped Dotson’s car did not provide reasonable suspicion to believe that Dotson’s blood […]…
State v. Kevin L. Nash, 2020 WI 85, 11/19/20, affirming a per curiam court of appeals decision; case activity (including briefs) Before accepting a plea entered under North Carolina v. Alford, 400 U.S. 25 (1970), a circuit court must determine whether there is “strong proof of guilt” sufficient to “substantially negate” the defendant’s claims of […]…
State v. Richard L. Pringle, 2020AP6-CR, 11/17/20, District 3 (not recommended for publication); case activity (including briefs) No witness, expert or otherwise, may give an opinion that a mentally competent witness is telling the truth. State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984).  This case, which the court of appeals […]…