on review of unpublished decision; case activity Issues (composed by On Point) 1. Whether the non-waivable nature of the defendant’s right to personal presence at voir dire, citing, § 971.04(1)(c); State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. App. 1999), extends to examination of a juror for possible dismissal following selection and swearing-in. 2. Whether the trial court properly dismissed… Read more
A. Review Grants
on review of unpublished decision; case activity Issue (composed by On Point) Whether Sahs’ statements to his probation agent, along with evidence derived from those statements, were suppressible under the “Evans-Thompson” rule, which holds that a probationer’s statements which are compelled by the terms of probation – provide information to an agent when requested or face revocation… Read more
on review of unpublished decision; case activity Issue (composed by On Point) Whether, after asserting his right to counsel, Lonkonski initiated further communication with the police so as to allow admissibility of his ensuing statement, Edwards v. Arizona, 451 U.S. 477, 483-85 (1981). There may be a threshold dispute as to whether Lonkoski was in custody… Read more
on review of published decision; case activity Issues (composed by On Point): 1. Whether the evidence is sufficient to sustain conviction for conspiracy-theft by fraud, in that: no conspirator expressly made a false representation; and in any event, Steffes joined the conspiracy after it had already been set in motion. 2. Whether the evidence is sufficient to sustain… Read more
on review of unpublished decision; case activity Issues (composed by on Point) 1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible… Read more
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
on review of unpublished decision; case activity § 974.06 Motion – Serial Litigation Bar Issue (composed by on Point) Whether, following unsuccessful direct appeal, a motion raising a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
