In the Matter of State v. Michael Buchanan: State ex rel. Office of State Public Defender v. Wis. Court of Appeals, District IV, 2013 WI 31, on review of petition for supervisory writ; case activity In an important decision for all lawyers who handle criminal cases in the state appellate courts, the supreme court affirms… Read more
M. Access to PSI on appeal
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
State v. Michael J. Parent, 2006 WI 132, on certification For Parent: William E. Schmaal, SPD, Madison AppellateAmicus: Meredith J. Ross & William E. Rosales Issue/Holding: ¶49 We conclude that the attorney general comes under the purview of Wis. Stat. § 972.15(4) and (4m) (2005-06) because, in criminal appeals, the attorney general is often the State’s successor to… Read more
State v. Michael J. Parent, 2006 WI 132, on certification For Parent: William E. Schmaal, SPD, Madison AppellateAmicus: Meredith J. Ross & William E. Rosales Issue/Holding: ¶30 We reject Parent’s contention that Wis. Stat. § (Rule) 809.32(1)(d) confers an unqualified right for a no-merit appellant to access personally the PSI report. …¶31 But neither are we persuaded by the… Read more