State v. Gary M.B., 2003 WI App 72, affirmed on other grounds, 2004 WI 33 For Gary M.B.: T. Christopher Kelly Issue/Holding: A court of appeals holding in a case reversed by the supreme court on other grounds, so that this holding was neither “overruled, withdrawn, or modified,” continues to bind the court of appeals. ¶13. The court… Read more
28. Weight of authority
State v. Edward Terrell Jennings, 2002 WI 44, on certification For Jennings: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶3. We conclude that when confronted with a direct conflict between a decision of this court and a later decision of the United States Supreme Court on a matter of federal law, the court of appeals may… Read more
State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals For Lo: Robert R. Henak Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School Issue/Holding: Retroactivity on collateral attack of a “new” rule– one imposing a new obligation on the state and not dictated by prior… Read more
State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 627 N.W.2d 195, on certification For Hansen: Pamela Pepper Issue: Whether a prior decisional pronouncement should be treated as precedential when it is contradicted elsewhere in the decision. Holding: “Because of the internal inconsistency [in the prior decision], no judicial precedent was established… Read more
State v. Paul R. Benzel, 220 Wis. 2d 588, 583 N.W.2d 434 (Ct. App. 1998) Pro se Issue/Holding: The holding of State v. Hall, 207 Wis.2d 54, 557 N.W.2d 778 (1997), that the drug tax, § 139.95, is unconstitutional applies retroactively: “failure to do so leads to the untenable result that a person stands convicted for… Read more
