certification; for Williams: Jonas B. Bednarek; case activity; review granted, 8/31/11 Search Warrants: Court Commissioner Authority to Issue We certify this appeal to the Wisconsin Supreme Court to decide whether court commissioners have the power to issue search warrants. Although Wis. Stat. § 757.69(1)(b)[1] appears to grant that power to court commissioners, appellant Williams argues that the legislature may not… Read more
A. Certification requests
certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity, circuit court affirmed 2012 WI 93 Plea Procedure – Personal Presence We certify this appeal to the Wisconsin Supreme Court to determine whether Jon Soto’s statutory right to be physically present during a plea hearing was violated when the judge conducted the hearing through video teleconferencing… Read more
Yesterday, the DOJ moved to withdraw its petition for leave to appeal the TRO entered by the Dane County Circuit Court last week. The DOJ argues that the appeal is moot because Act 10 became effective the day after its publication by the Legislative Reference Bureau on March 25th. The court of appeals swiftly denied… Read more
certification request; case activity Budget Repair Bill TRO This case presents several significant issues involving justiciability and the remedies that are available under Wisconsin’s Open Meetings Law, Wis. Stat. § 19.81 et seq. As we will explain below, we believe that resolution of these questions will require clarification of the interaction between the Open Meetings Law… Read more
certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity; Spaeth BiC; State Resp.; Reply Review granted 2/8/11 ISSUE In Kastigar v. United States, 406 U.S. 441, 453, 460 (1972), the United States Supreme Court held that the government may compel incriminating testimony so long as it comes with a grant of use and derivative use immunity—that… Read more
certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; Resp.; Reply Consent to Search – Georgia v. Randolph The court of appeals certifies to the supreme court the following question: Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search… Read more
court of appeals certification; for Jacob T.: Eileen A. Hirsch, SPD, Madison Appellate TPR – Grounds We certify this case because we believe that State v. Quinsanna D., 2002 WI App 318, 259 Wis. 2d 429, 655 N.W.2d 752, prevents us from interpreting Wis. Stat. § 48.415(6) in a manner that is consistent both with the… Read more
