State v. Chrystul D. Kizer, 2020AP192-CR, petition for review of a published court of appeals decision granted 9/14/21; case activity (including briefs) Issue Presented (from the State’s PFR) Does § 939.46(1m) provide a victim of trafficking with a complete defense to first degree intentional homicide? The defense under § 939.46(1m) provides an affirmative defense for victims… Read more
45. WI Supreme Court
State v. Scott William Forrett, 2019AP1850-CR, petition for review of a published decision of the court of appeals granted 9/14/21; case activity (including links to briefs) Issue presented Wisconsin’s escalating OWI penalty scheme counts a person’s refusal to consent to a blood draw as a basis for enhancing the penalty for future offenses. Is that… Read more
Sheboygan County v. M.W., 2021AP6, petition for review of an unpublished court of appeals decision granted 9/14/21; case activity Issue Presented (composed by On Point) What is the proper remedy when, in a ch. 51 recommitment proceeding, the circuit court fails to make specific factual findings with reference to the statutory basis for its determination… Read more
State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs) Issues presented (composed by On Point from the PFR and cross PFR) Was the circuit court’s ex parte voir dire and removal of a juror during trial… Read more
SCOW to review meaning of “misdemeanor crime of domestic violence” under concealed carry license law
Daniel Doubek v. Joshua Kaul, 2020AP704, certification granted June 16, 2021; case activity (including briefs) Issue (from Court of Appeals’ Certification): Are Evans v. DOJ, 2014 WI App 31, 353 Wis. 2d 289, 844 N.W.2d 403, and Leonard v. State, 2015 WI App 57, 364 Wis. 2d 491, 868 N.W.2d 186, “good law” in light… Read more
State v. George Steven Burch, 2021 WI 68, on certification from the court of appeals, affirming the judgment of conviction; case activity (including briefs) We said in our post on the court of appeals’ certification that this case presented novel and important issues about searches of cell phones and their data. So we anticipated a decision addressing… Read more
State v. George Steven Burch, 2021 WI 68, 6/29/21, on certification from the court of appeals, affirming a judgment of conviction; case activity (including briefs) The circuit court properly exercised its discretion in allowing the state to introduce evidence relating to Fitbit data without requiring expert testimony on the reliability of the device. After Nicole… Read more
State v. Anthony M. Schmidt, 2021 WI 65, 6/18/21, on bypass from the court of appeals; case activity (including briefs) “We also conclude that the child pornography surcharge applies to images of child pornography that form the basis of read-in charges of sexual exploitation of a child or possession of child pornography, so long as… Read more
