Smith v. Arizona, U.S.S.C. No. 22-899, cert. granted 9/29/23; Scotusblog page (containing links to briefs and commentary) Question presented: Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a)… Read more
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State v. Michael Gene Wiskowski, 2021AP2105, review of a per curiam court of appeals decision granted 9/26/23; reversed 6/18/24 case activity (including briefs, PFR and response) Issues presented (from the PFR): When the report of a person sleeping in a car while waiting in line at a drive thru is contradicted by the officer’s observation… Read more
Winnebago County v. D.E.S., 2023AP460, 9/20/23, District 2 (one-judge decision; ineligible for publication); case activity This is a nice case to know, both for its careful, thorough analysis of a common ch. 51 problem–commitments based entirely or extensively on hearsay–and its collection of other cases analyzing the same issue. The sole witness at D.E.S. (“Dennis”)’s… Read more
State v. Troy Allen Lanning, 2021AP1849, 9/19/2023, District 3, recommended for publication; case activity (including briefs) Here’s an odd one. The state charged Lanning in a meth trafficking operation and separately filed a civil action seeking forfeiture of some real property that he owned, had lived in, and, said the state, distributed meth from. See… Read more
State v. R.A.M., 2023AP441, 6/6/23, District 1 (unpublished one-judge decision), GAL’s PFR granted, 9/26/23, affirmed 6/25/24; case activity As we previously explained, in a 1-judge decision, the court of appeals reversed an order terminating R.A.M.’s parental rights because the circuit court proceeded to disposition in violation of § 48.23(2)(b)3.’s rule that 2 days must elaspe… Read more
State of New Jersey v. Darryl Nieves/ State of New Jersey v. Michael Cifelli, Docket Nos. A-2069-21 & A-2936-21, 9/13/2023 (available on Westlaw as 2023 WL 5947996) This is a guest post by Attorney Kathleen Pakes, Director of the Assigned Counsel Division In a must-read opinion, the New Jersey appellate court lays out the shortcomings… Read more
State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs) The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the… Read more
Manitowoc County v. M.B., 2023AP163-164, 9/20/23, District II(one-judge decision; ineligible for publication); case activity Applying a deferential standard of review, COA holds that the circuit court did not err when it ordered a parent to comply with an out-of-state psychosexual evaluation/assessment as a condition of return. M.B. entered an admission that two of his children… Read more