on review of published decision; case activity Issue (composed by on Point) Whether sentencing reliance on inaccurate information (here, misapprehension of mandatory minimum incarceration) is structural error. Travis pleaded guilty to an offense that all concerned (defense, prosecution, sentencing court) wrongly thought carried a 5-year mandatory minimum (largely due to confusion about the particular offense Travis… Read more
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on review of unpublished decision; case activity § 974.06 Motion – Serial Litigation Bar Issue (composed by on Point) Whether, following unsuccessful direct appeal, a motion raising a “non-constitutional” issue (propriety of DNA surcharge) operates as a “serial litigation” bar such that a subsequent § 974.06 motion alleging ineffective assistance of counsel is procedurally barred. Starks… Read more
on review of petition for supervisory writ; for SPD: Joseph N. Ehmann, Kathleen A. Pakes; case activity Postconviction Reference to PSI Issue (Composed by On Point): Whether, before litigating a presentence report-related sentencing issue, postconviction counsel must obtain circuit court permission to “access, discuss, cite to, and quote from a PSI report.” Fall-out from State v. Parent, 2006… Read more
on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment Issues (Composed by On Point): 1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1). 2… Read more
on review of published decision; for Novy: Bridget E. Boyle; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues: 1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating… Read more
on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity Third-Party Consent Issues (Composed by On Point): Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop. A mere guest ordinarily may not consent to a… Read more
on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack Issues (Composed by On Point): Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior… Read more
on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity TPR – Final Order – Appellate Standing Issues (from Petition for Review): I. When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary… Read more
