State v. Scott K. Fisher, 2006 WI 44, on certification For Fisher: Paul B. Millis Issue: Whether the right to bear arms provision of Wis. Const. Art. I, § 25 countenances prosecution for carrying a concealed weapon in a car’s console by a tavern owner who asserted its necessity for security purposes in that he… Read more
42. Wisconsin Constitution
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶19 … (T)his court ordinarily adopts and follows the Fourth Amendment jurisprudence of the United States Supreme Court.… ¶27 Young, however, argues that we should reject Hodari D. and interpret Article I… Read more
In a series of recent cases, the supreme court has joined what it terms “the ‘new federalism’ movement,” State v. Knapp (II), 2005 WI 127, ¶84 and id., n. 20 (Crooks, J., conc. w/ majority support of 4 votes), which refers to a tendency to look first to the state constitution and assign greater rights… Read more
State v. Jerrell C.J., 2005 WI 105, reversing 2004 WI App 9 For Terrell C.J.: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: (Concurrence of Chief Justice, but one that marshals majority of votes, hence represents holding:) ¶66 The powers of the Wisconsin Supreme Court are defined in several ways and have diverse origins. Some are… Read more
State v. David J. Roberson, 2005 WI App 195, affirmed on other grounds, 2006 WI 80 For Roberson: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶15 n. 3: Recently, the Wisconsin Supreme Court construed article I, § 8 of the Wisconsin Constitution as providing greater protection against self-incrimination than the Fifth Amendment to the U.S… Read more
State v. Barbara E. Harp, 2005 WI App 250 For Harp: Aaron N. Halstead, Kathleen Meter Lounsbury, Danielle L. Carne Issue/Holding: ¶13 n. 4: The Fifth Amendment to the United States Constitution provides that no person “shall … be subject for the same offence to be twice put in jeopardy of life or limb ….”… Read more
Patrick G. Schilling v. State Crime Victims Rights Board, 2005 WI 17, on certification Issue/Holding: The first sentence of Art. I, § 9m (“dignity” provision) is a statement of purpose, articulating the importance of crime victims’ rights, but is not self-executing. ¶¶13-26. General methodology of interpreting constitutional provision – plain meaning of words; constitutional debates… Read more
State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: ¶11. A defendant’s right to testify is a fundamental constitutional right. State v. Simpson, 185 Wis. 2d 772, 778, 519 N.W.2d 662, 663 (Ct. App. 1994). A defendant may, however, waive the right to testify. State v. Wilson… Read more
