42. Wisconsin Constitution

court of appeals decision; for Garcia: Paul M. Ruby Defendant’s Right to Testify – After-the-Fact Evidentiary Hearing on Required Colloquy Although a colloquy is required by State v. Weed, 2003 WI 85 before the defense rests without testimony from the defendant, failure to conduct the colloquy doesn’t automatically result in new trial but, rather, supports postconviction evidentiary… Read more

court of appeals decision, review granted 3/16/10; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee Post-Charge Assertion of Right to Counsel during Interrogation The mere fact that an attorney represents a defendant formally charged with a crime doesn’t bar the police from questioning the defendant; State v. Todd Dagnall, 2000 WI 82 (“Dagnall was not required… Read more

 court of appeals decision; for Lesik: Anthony Cotton Overbreadth challenge to 948.02, sexual assault of a child Sexual assault (intercourse) of a child, § 948.02, isn’t unconstitutionally overbroad, against a theory that it criminalizes acts undertaken for “proper medical purpose.” Although the statute is silent with respect to medical conduct, potential overbreadth may be cured… Read more

State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue/Holding: A dog sniff is no more a “search” under the Wisconsin than the U.S. Constitution, at least with respect to vehicles: ¶22      We are unwilling to undertake such a departure here. First, we note that there is no constitutionally… Read more

State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue/Holding: ¶20      Historically, we have interpreted Article I, Section 11 of the Wisconsin Constitution in accord with the Supreme Court’s interpretation of the Fourth Amendment. See, e.g., State v. Malone, 2004 WI 108, ¶15, 274 Wis. 2d 540, 683… Read more

State v. Todd Lee Kramer, 2009 WI 14, affirming 2008 WI App 62 For Kramer: Stephen J. Eisenberg, Marsha M. Lysen Issue/Holding: ¶18      Historically, we generally have interpreted Article I, Section 11 to provide the same constitutional guarantees as the Supreme Court has accorded through its interpretation of the Fourth Amendment. Arias, 311 Wis.  2d… Read more

State v. Thomas William Brady, 2007 WI App 33, PFR filed 2/13/07 For Brady: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: Where the target of a search was not at home when the police forcibly entered pursuant to a search warrant, their unannounced entry did not, although not authorized by the warrant, violate the fourth amendment. ¶13… Read more