Winnebago County v. Christopher S., 2014AP1048, 4/1/15, District 2, click here for certification; certification granted 5/12/15, circuit court orders affirmed, 2016 WI 1 Issue This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is… Read more
A. Certification requests
State v. Melisa Valadez, 2014AP678, 2014AP679, 2014AP680; District 2, 1/21/15, certification granted 3/16/15; circuit court reversed 1/29/16; case activity Issue presented (from certification): How definite or imminent must deportation be in order for it to be “likely,” such that a defendant may withdraw a guilty or no contest plea on the basis that he or… Read more
Court of appeals certification request, certification granted 12/18/14, affirmed, 2015 WI 75; case activity Issue Presented (from Certification) We certify this case to the supreme court because we are uncertain which of two decisions is controlling: State v. Wulff, 207 Wis. 2d 143, 557 N.W.2d 813 (1997), or State v. Beamon, 2013 WI 47, 347 Wis. 2d 559… Read more
Court of Appeals certification; case activity When deciding a defendant’s motion for postconviction DNA testing under Wis. Stat. § 974.07, must the circuit court presume that the DNA testing results will be exculpatory and then assess whether such presumed exculpatory results would lead to a reasonable probability that he would not have been prosecuted or convicted? The… Read more
Court of Appeals certification, review granted 11/26/13; case activity Issue certified: Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before the person… Read more
Court of appeals certification; case activity Issue certified: Is an OWI defendant’s right to confront the witnesses against him violated when a supervisor of the state crime lab testifies that a lab report prepared and certified by another, but unavailable, lab analyst establishes the defendant’s illegal blood alcohol concentration? Does it make a difference that the… Read more
court of appeals certification request; certification granted 2/25/13; case activity (Seaton); case activity (Pinno) Issue Presented (from Certification): Is the failure to object to the closure of a public trial to be analyzed upon appellate review under the “forfeiture standard” or the “waiver standard”? As suggested, in each of these consolidated cases the trial judge barred the… Read more
court of appeals certification review granted 1/15/13; case activity Issues Certified: In Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010), the United States Supreme Court held that, even if a defendant has invoked his or her right to counsel, law enforcement may give the Miranda[2] warnings again so long as the defendant has been released from custody… Read more
