The test to determine if the denial of a continuance acted to deny the defendant of either due process or the effective right of counsel is discussed. State v. Wollman, 86 Wis. 2d 459, 273 N.W.2d 225 (1979).
The accused has the right to answer some questions after a Miranda warning and then to reassert privilege and break off all questioning. Odell v. State, 90 Wis. 2d 149, 279 N.W.2d 706 (1979).
Trial courts do not have subject matter jurisdiction to convict defendants under unconstitutionally vague statutes. The right to raise an issue on appeal cannot be waived, regardless of a guilty plea. State ex rel. Skinkis v. Treffert, 90 Wis. 2d 528, 280 N.W.2d 316 (Ct. App. 1979).
A probationer's due process right to prompt revocation proceedings was not triggered where the probationer was detained as the result of an unrelated criminal proceedings. State ex rel. Alvarez v. Lotter, 91 Wis. 2d 329, 283 N.W.2d 408 (Ct. App. 1979).
Before "totality of circumstances" analysis is applied to confrontation identification, it must first be determined whether police deliberately contrived confrontation between witness and defendant. State v. Marshall, 92 Wis. 2d 101, 284 N.W.2d 592 (1979).
Due process requires that evidence reasonably support a finding of guilt beyond a reasonable doubt. State v. Stawicki, 93 Wis. 2d 63, 286 N.W.2d 612 (Ct. App. 1979).
An 8 month delay between the date of the alleged offense and the filing of a complaint did not violate the defendant's due process rights. State v. Davis, 95 Wis. 2d 55, 288 N.W.2d 870 (Ct. App. 1980).
Exculpatory hearsay lacked assurances of trustworthiness and was properly excluded. State v. Brown, 96 Wis. 2d 238, 291 N.W.2d 528 (1980).
The use of an unsworn prior inconsistent statement of a witness as substantive evidence did not deprive the defendant of due process. Vogel v. State, 96 Wis. 2d 372, 291 N.W.2d 838 (1980).
An inmate in administrative confinement has a state-created interest protected by due process in his eventual return to general prison population. State ex rel. Irby v. Israel, 100 Wis. 2d 411, 302 N.W.2d 517 (Ct. App. 1981).
Factors which the court should consider when the defendant requests to be tried after the trial of a codefendant in order to secure testimony of the codefendant are discussed. State v. Anastas, 107 Wis. 2d 270, 320 N.W.2d 15 (Ct. App. 1982).
A revocation of probation denied due process where there was a lack of notice of the total extent and nature of the alleged violations of probation. State ex rel. Thompson v. Riveland, 109 Wis. 2d 580, 326 N.W.2d 768 (1982).
Continued questioning after the accused mentioned the word "attorney" was prejudicial error. Harmless error analysis is discussed. State v. Billings, 110 Wis. 2d 661, 329 N.W.2d 192 (1983).
Due process requires the state to preserve evidence that (1) possesses exculpatory value apparent to the custodian and (2) is of a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means. State v. Oinas, 125 Wis. 2d 487, 373 N.W.2d 463 (Ct. App. 1985).
Where 2 statutes have identical criminal elements but different penalties, the state does not deny equal protection or due process by charging defendants with the more serious crime. State v. Cissel, 127 Wis. 2d 205, 378 N.W.2d 691 (1985).
If the state shows that delay in charging an offense committed by an adult defendant while still a juvenile was not with a manipulative intent, due process does not require dismissal. State v. Montgomery, 148 Wis. 2d 593, 436 N.W.2d 303 (1989).
Lineup and in-court identifications of a defendant may be suppressed as the fruit of an illegal arrest under appropriate circumstances. State v. Walker, 154 Wis. 2d 158, 453 N.W.2d 127 (1990).
A comment during closing argument on the defendant's courtroom demeanor where evidence of the demeanor was adduced during trial did not violate the 5th amendment. State v. Norwood, 161 Wis. 2d 676, 468 N.W.2d 741 (Ct. App. 1991).
Evidence favorable to the defendant must be disclosed if there is a "reasonable probability" that disclosure would have resulted in a different trial outcome. State v. Garrity, 161 Wis. 2d 842, 469 N.W.2d 219 (Ct. App. 1991).
Where prior convictions are used to enhance a minimum penalty, collateral attack of the prior convictions must be allowed. State v. Baker, 165 Wis. 2d 42, 477 N.W.2d 292 (Ct. App. 1991).
The defense of outrageous governmental conduct may arise where the government violates a specific constitutional right and was itself so enmeshed in the criminal activity that prosecution of the defendant would be repugnant to the criminal justice system. State v. Hyndman, 170 Wis. 2d 198, 488 N.W.2d 111 (Ct. App. 1992).
Where the argument of the defense invited and provoked an otherwise improper remark by the prosecutor, the question is whether, taken in context, the "invited remark" unfairly prejudiced the defendant. State v. Wolff, 171 Wis. 2d 161, 491 N.W.2d 498 (Ct. App. 1992).
Due process is not violated when a burden of production is placed on the defendant to come forward with some evidence of a negative defense. State v. Pettit, 171 Wis. 2d 627, 492 N.W.2d 633 (Ct. App. 1992).
To sustain a conviction when alternative methods of proof resting upon different evidentiary facts are presented to the jury, the evidence must be sufficient to convict beyond a reasonable doubt upon both of the alternative modes of proof. State v. Chambers, 173 Wis. 2d 237, 496 N.W.2d 191 (Ct. App. 1992).
Due process rights of a probationer at a hearing to modify probation are discussed. State v. Hayes, 173 Wis. 2d 439, 496 N.W.2d 645 (Ct. App. 1992).
The interval between an arrest and an initial appearance is never unreasonable where the arrested suspect is already in the lawful physical custody of the state. State v. Harris, 174 Wis. 2d 367, 497 N.W.2d 742 (Ct. App. 1993).
The admissibility of an out-of-court identification rests on whether the procedure was impermissibly suggestive and whether under all the circumstances the identification was reliable despite any suggestiveness. That another procedure might have been better does not render the identification inadmissible. State v. Ledger, 175 Wis. 2d 116, 499 N.W.2d 199 (Ct. App. 1993).
A defendant has a fundamental right to testify in his or her own behalf. Waiver of the right must be supported by a record of a knowing and voluntary waiver. State v. Wilson, 179 Wis. 2d 660, 508 N.W.2d 44 (Ct. App. 1993).
The good or bad faith of police in destroying apparently exculpatory evidence is irrelevant, but in the absence of bad faith, destruction of evidence which only provides an avenue of investigation does not violate due process protections. State v. Greenwold, 181 Wis. 2d 881, 512 N.W.2d 237 (Ct. App. 1994).
Bad faith can only be shown if the officers were aware of the potentially exculpatory value of evidence they fail to preserve and the officers acted with animus or made a conscious effort to suppress the evidence. State v. Greenwold, 189 Wis. 2d 59, 525 N.W.2d 294 (Ct. App. 1994).
An executory plea bargain is without constitutional significance and a defendant has no right to require the performance of an executory agreement, but upon entry of a plea due process requires the defendant's expectations to be fulfilled. State v. Wills, 187 Wis. 2d 528, 523 N.W.2d 569 (Ct. App. 1994).
A prosecutor's closing argument is impermissible where it goes beyond reasoning drawn from the evidence and suggests that the verdict should be arrived at by considering other factors. Substantially misstating the law and appearing to speak for the trial court was improper and required court intervention in the absence of an objection. State v. Neuser, 191 Wis. 2d 131, 528 N.W.2d 49 (Ct. App. 1995).
Whether the interplay of legally correct instructions impermissibly misled a jury is to be determined based on whether there is a reasonable likelihood that a juror was misled. State v. Lohmeier, 205 Wis. 2d 183, 556 N.W.2d 90 (1996).
Prosecutorial misconduct violates the due process right to a fair trial if it poisons the the entire atmosphere of the trial. State v. Lettice, 205 Wis. 2d 347, 556 N.W.2d 376 (Ct. App. 1996).
A criminal conviction cannot be affirmed on the basis of a theory not presented to the jury. State v. Wulff, 207 Wis. 2d 144, 557 N.W.2d 813 (1997).
A defendant is denied due process when identification is derived from police procedures so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification. A suppression hearing is not always required when a defendant moves to suppress identification, but must be considered on a case-by-case basis. State v. Garner, 207 Wis. 2d 520, 558 N.W.2d 916 (Ct. App. 1996).
There is no constitutional right to a sworn complaint in a criminal case. State v. Zanelli, 212 Wis. 2d 358, 569 N.W.2d 301 (Ct. App. 1997).
A defendant has a due process right to have the full benefit of a relied upon plea bargain. The unintentional misstatement of a plea agreement, promptly rectified by the efforts of both counsel, did not deny that right. State v. Knox, 213 Wis. 2d 318, 570 N.W.2d 599 (Ct. App. 1997)
The state's use, as a witness, of an informant who purchased and used illegal drugs while making controlled drug buys for the state, in violation of her agreement with the state, was not a violation of fundamental fairness that shocks the universal justice system and did not constitute outrageous governmental conduct. State v. Givens, 217 Wis. 2d 180, 580 N.W.2d 340 (Ct. App. 1998).
Due process does not require that judges personal notes be made available to litigants. It is only the final reasoning process which judges are required to place on the record that is representative of the performance of judicial duties. State v. Panknin, 217 Wis. 2d 200, 579 N.W.2d 52 (Ct. App. 1998).
The state's failure to disclose that it took samples but failed to have them analyzed affected the defendant's right to a fair trial because it prevented the defendant from raising the issue of the reliability of the investigation and from challenging the credibility of a witness who testified that the test had not been performed. State v. DelReal, 225 Wis. 2d 565, 593 N.W.2d 461 (Ct. App.1999).
A new rule of criminal procedure applies to all cases pending on direct review or that are not yet final that raised the issue that was subject to the change. There is no retroactive application to cases in which the issue was not raised. State v. Zivcic, 229 Wis. 2d 119, 598 N.W.2d 565 (Ct. App. 1999).
Neither a presumption of prosecutor vindictiveness or actual vindictiveness was found when, following a mistrial resulting from a hung jury, the prosecutor filed increased charges and then offered to accept a plea bargain requiring a guilty plea to the original charges. Adding additional charges to obtain a guilty plea does no more than present the defendant with the alternative of forgoing trial or facing charges on which the defendant is subject to prosecution. State v. Johnson, 2000 WI 12, 232 Wis. 2d 679, 605 N.W.2d 846.
When an indigent defendant requests that the state furnish a free transcript of a separate trail of a codefendant, the defendant must show that the transcript will be valuable to him or her. State v. Oswald, 2000 WI App 3, 232 Wis. 2d 103, 606 N.W.2d 238.
Denial of a change of venue due to local prejudice solely because the offense is a misdemeanor is unconstitutional. Groppi v. Wisconsin, 400 U.S. 505.
The retention of 10% of a partial bail deposit, with no penalty for release on recognizance or where full bail is given, does not violate equal protection requirements. Schilb v. Kuebel, 403 U.S. 357.
A defendant convicted of selling heroin supplied by undercover police was not entrapped. Hampton v. United States, 425 U.S. 484.
Prisons must provide inmates with a law library or legal advisers. Bounds v. Smith, 430 U.S. 817.
Due process was not denied when a prosecutor carried out a threat to reindict the defendant on more serious charge if the defendant did not plead guilty to the original charge. Bordenkircher v. Hayes, 434 U.S. 357 (1978).
The plaintiff was not deprived of liberty without due process of law when arrested and detained pursuant to a lawful warrant, even though the police mistook the identity of the plaintiff. Baker v. McCollan, 443 U.S. 137 (1979).
The sentencing judge properly considered the defendant's refusal to cooperate with police by naming co-conspirators. Roberts v. United States, 445 U.S. 552 (1980).
The federal constitution does not prohibit electronic media coverage of a trial over the defendant's objections. Chandler v. Florida, 449 U.S. 560 (1981).
Due process does not require police to preserve breath samples in order to introduce breath-analysis test results at trial. California v. Trombetta, 467 U.S. 479 (1984).
After retrial and conviction following the defendant's successful appeal, sentencing authority may justify increased sentence by affirmatively identifying relevant conduct or events that occurred subsequent to the original sentencing. Wasman v. U.S., 468 U.S. 559 (1984). See also Texas v. McCullough, 475 U.S. 134 (1986).
Where an indigent defendant's sanity at the time of committing a murder was seriously in question, due process required access to a psychiatrist and the assistance necessary to prepare an effective defense based on the mental condition. Ake v. Oklahoma, 470 U.S. 68 (1985).
A prosecutor's use of a defendant's postarrest, post-Miranda warnings silence as evidence of the defendant's sanity violated the due process clause. Wainwright v. Greenfield, 474 U.S. 284 (1986).
Coercive police activity is a necessary predicate to a finding that a confession was not "voluntary" within the meaning of the due process clause. Colorado v. Connelly, 479 U.S. 157 (1986).
A defendant who denies elements of an offense is entitled to an entrapment instruction as long as there is sufficient evidence from which a jury could find entrapment. Mathews v. United States, 485 U.S. 58 (1988).
Unless the defendant shows bad faith on the part of law enforcement, failure to preserve potentially useful evidence does not violate due process. Arizona v. Youngblood, 488 U.S. 51, 102 L. Ed. 2d 281 (1988).
Revocation of probation without a hearing is a denial of due process. Hahn v. Burke, 430 F.2d 100.
Pretrial publicity; the Milwaukee 14. 1970 WLR 209.
Due process; revocation of a juvenile's parole. Sarosiek, 1973 WLR 954.
HABEAS CORPUS AND BAIL
Habeas corpus is a proper remedy with which to challenge the personal jurisdiction of a trial court over a criminal defendant and to challenge a ruling on motion to suppress evidence where constitutional issues are involved. State ex rel. Warrender v. Kenosha County Ct. 67 Wis. 2d 333, 227 N.W.2d 450.
The scope of inquiry in extradition habeas corpus cases is discussed. State v. Ritter 74 Wis. 2d 227, 246 N.W.2d 552.
Relief under habeas corpus is not limited to the release of the person confined. State ex rel. Memmel v. Mundy, 75 Wis. 2d 276, 249 N.W.2d 573.
Application of bail posted by third parties to the defendant's fines was not unconstitutional. State v. Iglesias, 185 Wis. 2d 118, 517 N.W.2d 175 (1994).
A defendant's prejudicial deprivation of appellate counsel, be it the fault of the attorney or the appellate court, is properly remedied by a petition for habeas corpus in the Supreme Court. State ex rel. Fuentes v. Court of Appeals, 225 Wis. 2d 446, 593 N.W.2d 48 (1999).
A question of statutory interpretation may be considered on a writ of habeas corpus only if noncompliance with the statute at issue resulted in the restraint of the petitioner's liberty in violation of the constitution or the court's jurisdiction. State ex rel. Hager v. Marten, 226 Wis. 2d 687, 594 N.W.2d 791 (1999).
SELF-INCRIMINATION AND CONFESSION
Granting a witness immunity and ordering him to answer questions does not violate his constitutional rights. State v. Blake, 46 Wis. 2d 386, 175 N.W.2d 210.
A hearing to determine the voluntariness of a confession is not necessary where a defendant knowingly fails to object to the evidence for purposes of trial strategy. Police officers need not stop all questioning after a suspect requests an attorney, since the suspect can change his mind and volunteer a statement. Sharlow v. State, 47 Wis. 2d 259, 177 N.W.2d 88.
The Admission of evidence of spending of money after a burglary does not unconstitutionally require a defendant to testify against himself in order to rebut it. State v. Heidelbach, 49 Wis. 2d 350, 182 N.W.2d 497.
Where the defendant volunteered an incriminatory statement outside the presence of retained counsel, the statement is admissible. State v. Chabonian, 50 Wis. 2d 574, 185 N.W.2d 289.
There is no requirement that a hearing as to the voluntariness of a confession be separated into 2 stages as to the circumstances leading up to it and then as to its content. The content of Miranda warnings is discussed. Bohachef v. State, 50 Wis. 2d 694, 185 N.W.2d 339.
The argument by the district attorney that certain evidence was uncontroverted does not amount to a comment on the defendant's failure to testify. Bies v. State, 53 Wis. 2d 322, 193 N.W.2d 46.
Questions of investigational versus custodial interrogation in relation to a confession are discussed. Mikulovsky v. State, 54 Wis. 2d 699, 196 N.W.2d 748.
Where the defendant, believing he was seriously wounded, began to tell what happened and was then given the Miranda warnings, his further continuation amounted to a waiver of his rights. He need not expressly state that he was waiving them, where the record shows he was conscious and alert and said he understood his rights. State v. Parker, 55 Wis. 2d 131, 197 N.W.2d 742.
The privilege against self-incrimination does not extend to the production of corporate records by their custodian, even though they may tend to incriminate him personally. State v. Balistrieri, 55 Wis. 2d 513, 201 N.W.2d 18.
A defendant who waived counsel and who agreed to sign a confession admitting 18 burglaries in return for an agreement that he would be prosecuted for only one, cannot claim that the confession was improperly induced. The state has the burden of showing voluntariness beyond a reasonable doubt. Pontow v. State, 58 Wis. 2d 135, 205 N.W.2d 775.
The administration of a blood or breathalyzer test does not violate the defendant's privilege against self-incrimination. State v. Driver, 59 Wis. 2d 35, 207 N.W.2d 850.
Factors to be considered in determining whether a confession is voluntary are discussed. State v. Wallace, 59 Wis. 2d 66, 207 N.W.2d 855.
A voluntary confession is not rendered inadmissible although the arrest was made outside the statutory jurisdictional limits of the arresting officer. State v. Ewald, 63 Wis. 2d 165, 216 N.W.2d 213.
While Miranda does require that, upon exercise of the defendant's 5th amendment privilege, the interrogation must cease, Miranda does not explicitly state that the defendant may not, after again being advised of his rights, be interrogated in the future. State v. Estrada, 63 Wis. 2d 476, 217 N.W.2d 359.
Statements given to police without Miranda warnings, while the defendant was injured and in bed, that he was the driver and had been drinking, while voluntary, were inadmissible since at that time accusatorial attention had focused on him. Scales v. State, 64 Wis. 2d 485, 219 N.W.2d 286.
The voluntariness of a confession must be determined by examining all the surrounding facts under a totality of circumstances test. Brown v. State, 64 Wis. 2d 581, 219 N.W.2d 373.
Requirements of a claim of immunity are discussed. State v. Hall, 65 Wis. 2d 18, 221 N.W.2d 806.
The validity of a juvenile confession is determined by an analysis of the totality of the circumstances surrounding the confession. The presence of a parent, guardian or attorney is not an absolute requirement for the juvenile to validly waive the right to remain silent but only one of the factors to be considered in determining the voluntariness of the confession. Theriault v. State, 66 Wis. 2d 33, 223 N.W.2d 850.
A written confession is admissible in evidence although it is not signed by the defendant, so long as the defendant has read the statement and adopted it as his own. Kutchera v. State, 69 Wis. 2d 534, 230 N.W.2d 750.
