State v. Brian v. Rotolo, 2019AP2061-CR, petition for review granted 12/28/20; case activity Issue presented (adapted from the petition for review): In State v. Lonkoski, 2013 WI 30, ¶6, 346 Wis. 2d 523, 828 N.W.2d 552, SCOW held that the test for Fifth Amendment Miranda custody is whether “a reasonable person would not feel free… Read more
45. WI Supreme Court
State v. Anthony M. Schmidt, 2020AP616-CR, petition for bypass granted 12/28/20; case activity Does Wis. Stat. §973.042 (the child pornography surcharge statute) permit the circuit court to impose a child pornography surcharge for an offense that is “read in” for sentencing purposes? Is the child pornography surcharge a punishment that must be explained during a… Read more
State v. Jamie Lane Stephenson, 2020 WI 92, 12/18/20, affirming a published decision of the court of appeals; case activity (including briefs) A five-justice majority of the supreme court holds that the state does not need to present expert opinion testimony that a person subject to commitment under Chapter 980 is dangerous to others because… Read more
State v. Kevin L. Nash, 2020 WI 85, 11/19/20, affirming a per curiam court of appeals decision; case activity (including briefs) Before accepting a plea entered under North Carolina v. Alford, 400 U.S. 25 (1970), a circuit court must determine whether there is “strong proof of guilt” sufficient to “substantially negate” the defendant’s claims of… Read more
Fond du Lac County v. S.N.W., 2019AP2073, petition for review granted 11/19/20; case activity Issues presented: 1. Did the circuit court lack competency to adjudicate this Chapter 51 commitment proceeding due to the county’s violation of the rule requiring it to file psychiatric reports 48 hours before the final hearing? 2. If the circuit court… Read more
State v. George Steven Burch, 2019AP404-CR, certification granted 11/18/20; case activity (including briefs) Issues presented (from the certification): Did police violate Burch’s Fourth Amendment rights by: exceeding the scope of Burch’s consent to search his cell phone by downloading the phone’s entire contents, rather than only the text messages; unlawfully retaining the entire cell phone… Read more
Eau Claire County DHS v. S.E., 2019AP894, review of a published opinion granted 10/21/20, case activity. When the court orders a child in need of protection or services (“CHIPS”) placed outside the family home, a parent’s rights may be terminated if he or she fails to meet the conditions for the child’s return in the… Read more
State v. Dawn M. Prado, 2016AP308, cross-petitions for review of a published court of appeals decision granted 10/21/20; case activity (including briefs and, now, PFRs!) You’ve heard this one before. Here’s our post on the court of appeals decision, which struck down the unconscious-driver provisions of the implied-consent statute but nevertheless declined to suppress the… Read more
