State v. A.G., 2022AP652, two petitions for review of unpublished court of appeals opinions granted 10/11/22; reversed, 2023 WI 61; case activity Issues for review: From the State’s petition: Whether A.G., the father who lost his parental rights, knowingly, intelligently, and voluntarily pled “no contest” to grounds for termination of his rights. From the GAL’s petition… Read more
45. WI Supreme Court
State v. Tomas J. Hoyle, 2020AP1876-CR, petition for review of an unpublished opinion granted 9/14/22; case activity (including briefs) Issue: (adapted from the State’s PFR): The 5th Amendment prohibits a prosecutor from commenting on defendant’s failure to to the stand. Griffin v. California, 380 U.S. 609, 615 (1965); Bies v. State, 53 Wis. 2d 322, 325-26… Read more
Walworth County v. M.R.M., 2022AP140-FT, certification granted 9/14/22, reversed, 2023 WI 59; case activity Issues (from the COA certification): 1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, apply retroactively or only prospectively? 2. In a ch. 51 case involving a petition to extend… Read more
State v. Wilson P. Anderson, 2020AP819-CR, petition for review of an unpublished court of appeals opinion granted 9/14/22; case activity (including briefs) Issues: 1. Whether Sell v. United States, 539 U.S. 166 (2003) requires the State to submit a treatment plan in support of its motion for involuntary medication to restore a defendant’s competency to… Read more
State v. Robert Daris Spencer, 2022 WI 56, July 6, 2022, affirming in part and reversing in part an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that Spencer had no right to be personally present or even to have counsel present when the trial judge decided… Read more
State v. X.S., 2022 WI 49, 6/29/22, modifying and affirming an unpublished court of appeals decision, 2021AP419, case activity (including, for some reason, one brief) Our supreme court is fond of extolling its role as a “law-developing court.” You’ll search in vain for any law development in this case. Rather than developing the law, the… Read more
State v. Chrystul D. Kizer, 2022 WI 58, affirming a published court of appeals opinion, 2021 WI App 46, 7/6/22, case activity (including briefs) There’s been a lot of press on this case, so we’ll skip the facts. Kizer is charged with 1st-degree intentional homicide and other felonies in connection with the death of a… Read more
State v. Westley D. Whitaker, 2020AP29-CR, 2022WI 54, 7/5/22, affirming a publisher court of appeals opinion, 2021 WI App 17; case activity (including briefs) As a teenager, Whitaker repeatedly sexually assaulted his sisters. Though aware of the assaults, neither his parents nor the Amish elders reported them to the authorities. Whitaker pleaded to one count… Read more
