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on review of certification; case activity Issue (from Certification)  Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing within ten days of said transfer,” is contrary to… Read more

on review of unpublished decision; case activity Issue (composed by On Point)  Whether the county adequately proved that Melanie L. is incompetent to exercise informed consent, in that: the county’s expert testified that she was incapable of applying an understanding “to her advantage” instead of “to … her mental illness … in order to make an informed… Read more

on review of unpublished decision; case activity Issue (composed by On Point)  Whether the municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearing. Brefka filed a request for refusal hearing outside the 10-day time limit in § 343.305(9)(a)4. Does a court possess competence to extend that deadline? No dice, according to the court… Read more

on review of unpublished decision; case activity Issues (composed by On Point)  1. Whether the defendant made the requisite showing for in camera review of the complainant’s privileged therapy records. 2. Whether, given necessity for in camera review, the complainant’s refusal to authority release of the records mandates suppression of her testimony. The implications for the administration of State v… Read more

on review of published decision; case activity Issue (composed by On Point)  Whether a circuit court has inherent authority to order destruction of a presentence investigation report (albeit under “unique facts”), after sentencing and entry of judgment. And as to those unique facts? The PSI at issue contained information about uncharged offenses that the trial court determined… Read more

on review of unpublished decision; case activity Issues (composed by On Point)  1.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

on review of unpublished decision; case activity Issue (composed by On Point)  Whether Sahs’ statements to his probation agent, along with evidence derived from those statements, were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