N. Statutory challenge

State v. Terry L. Hibbard, 2022 WI App 53; case activity (including briefs) In a decision that allows for a sweeping expansion of aiding and abetting prosecutions in Len Bias cases, the court of appeals holds that a person assisting only a buyer a drug transaction could also be prosecuted for reckless homicide if the… Read more

State v. Michael A. Keister, 2019 WI 26, 3/19/19, reversing a court of appeals order dismissing the appeal and vacating a circuit court order; case activity (including briefs) The statute providing for grants to set up treatment courts, § 165.95, does not create a fundamental liberty interest for defendants to participate in treatment court and… Read more

State v. Michael A. Keister, 2017AP1618-CR, state’s petition for review granted 9/4/2018; case activity (including briefs) Issues (based on the state’s petition for review ) Does a person have a fundamental liberty interest in participation in a treatment court funded by the state and county when he or she is charged with an offense involving… Read more

Walker Whatley v. Dushan Zatecky, 7th Circuit Court of Appeals No. 14-2534, 2016 WL 4269805, 8/15/16 The maximum penalty for Whatley’s drug possession conviction was dramatically increased—from 2-to-8 years to 20-to-50 years—under a now-repealed Indiana penalty enhancer for drug offenses committed within 1,000 feet of a “youth program center,” defined as a “building or structure that… Read more

Winnebago County v. Christopher S., 2016 WI 1, on certification from the court of appeals, and affirming the circuit court’s orders for commitment and involuntary medication; majority opinion by Justice Gableman, concurrence/dissent by Justice Abrahamson; case activity The provisions of ch. 51 allowing the involuntary mental health commitment of prison inmates without a finding of dangerousness… Read more

Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) the parent has shown a… Read more

State v. James W. Smith, 2010 WI 16, affirming 2009 WI App 16; for Smith: Shelley M. Fite, SPD, Madison Appellate The § 301.45 reporting requirement applicable to any violation of false imprisonment of a minor not the defendant’s child is rationally related to a legitimate government interest in protecting the public, particularly children, ¶¶27-36. Keep… Read more