State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue: Whether Williams satisfied the unavailability requirement necessary to admit a declarant’s against-interest hearsay statement exculpating the defendant, § 908.045(4). Holding: Unavailability is determined by § 908.04(1)(e), and requires a “good-faith effort” and due diligence” in attempting… Read more
2001-02 Term
State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue:/Holding: The exclusion of hearsay evidence proffered by the defense is tested under the “two-part framework” of State v. St. George, 2002 WI 50, ¶51, or “whether the proffered evidence was ‘essential to’ the defense, and whether… Read more
State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶103. Based on the plain language of Wis. Stat. § 940.05(2), supported by the legislative history and articulated public policy behind the statute, we conclude that when imperfect self-defense is placed in… Read more
State ex rel Thomas Hass v. Wisconsin Court of Appeals, 2001 WI 128 Issue/Holding: ¶10. The issue presented in this case is whether this court should exercise its constitutional superintending and administrative authority to direct the court of appeals to accept all petitions for interlocutory appeal where the circuit court has denied a claim that… Read more
State of Wisconsin ex rel. Eugene Nichols v. Litscher, 2001 WI 119 For Nichols: Jeffrey O. Davis, Daniel J. LaFave Issue: Whether a pro se prisoner’s petition for review may be accepted for filing in the supreme court, even though received after the filing deadline, where it was delivered to prison authorities for mailing before… Read more
State v. Wilton Tye, 2001 WI 124 For Tye: Mark D. Richards, Christy M. Hall Issue: Whether evidence seized under a search warrant, invalid on its face because unsupported by oath or affirmation, is covered by the good faith exception. Holding: ¶24. Fourth and finally, the State asks this court to allow admission of the seized… Read more
State v. Carl R. Kramer, 2001 WI 132, reversing and remanding 2000 WI App 271, 240 Wis. 2d 44, 622 N.W.2d 4 For Kramer: Stephen D. Willett Issue1: Whether Kramer established a prima facie case for selective prosecution. Holding: On a selective prosecution claim, the defendant must show both discriminatory purpose and effect. The state concedes discriminatory purpose. As… Read more
State v. Lawrence A. Williams/State v. Antwon C. Mathews, 2002 WI 94, reversing 2001 WI App 249, 248 Wis. 2d 361, 635 N.W.2d 869 For Williams: Thomas E. Knothe For Mathews: Peter J. Thompson Issue: Whether the traffic stop was unnecessarily prolonged so as to amount to an illegal seizure and invalidate consent to search the car. Holding… Read more
