8. Discretionary decision

State v. Demian Hyden McDermott, 2012 WI App 14 (recommended for publication); for McDermott: Robert R. Henak, Amelia L. Bizzaro; case activity Sentencing Review – New Factor – Assistance to Law Enforcement  McDermott, convicted in 1991 of first-degree intentional homicide, ptac with a parole eligibility date of 35 years, seeks new-factor-based modification of his PED on… Read more

Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14      By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a… Read more

Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14      By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a… Read more

State v. Cesar G., 2004 WI 61, reversing unpublished opinion For Cesar G.: Eileen Hirsch, SPD, Madison Appellate Issue/Holding: ¶46. In contrast to the court of appeals, we view the circuit court’s statement that it was not convinced it had the statutory authority to stay the sex registration requirement as persuasive that it made its decision based… Read more

Calumet County DHS v. Randall H., 2002 WI 126, on certification Issue/Holding: Where “the procedural history” and “the underlying facts” are not in dispute, “a determination of whether the facts meet the applicable legal standard” is reviewed de novo… Read more