State v. Patricia A. Weed, 2003 WI 85, affirming unpublished opinion of court of appeals For Weed: T. Christopher Kelly Issue/Holding: A defendant has a “fundamental” constitutional right to testify on his or her own behalf. ¶39. ¶43. Accordingly, in order to determine whether a criminal defendant is waiving his or her right to testify, a circuit court should… Read more
2002-03 Term
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue/Holding: ¶20. We find that the state constitutional right to bear arms is fundamental. It is indeed a rare occurrence for the state constitution’s Declaration of Rights to be amended. See Monks, The End of Gun Control, 2001 Wis… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶46. Under its broad police power, Wisconsin may regulate firearms. It may regulate the time, place, and manner in which firearms are possessed and used. The concealed weapons statute is a restriction on the manner in which firearms are… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶20. To convict a person of carrying a concealed weapon in violation of Wis. Stat. § 941.23, the State must prove three elements. First, the State must show that a person who is not a peace officer went armed with a dangerous… Read more
State v. Pamela L. Peters, 2003 WI 88, on certification For Peters: Terry W. Rose Issue/Holding: ¶1. This case is before the court on certification from the court of appeals on a question of first-impression regarding the scope of Wisconsin’s identity theft statute, Wis. Stat. § 943.201(1999-2000). Specifically, the question is whether a defendant who misappropriates another’s identity and… Read more
State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89 For Hamilton: Robert A. Ramsdell Issue/Holding: ¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action… Read more
State ex rel. William E. Marberry v. Macht, 2003 WI 79, reversing 2002 WI App 133, 254 Wis. 2d 690, 648 N.W.2d 522 For Marberry: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶23. The extraordinary relief provided by the writ of habeas corpus is available only in limited circumstances and is subject to three prerequisites. Haas , 252 Wis. 2d 133… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶72. In determining whether a piece of evidence is unfairly prejudicial, we have held that cautionary instructions help to limit any unfair prejudice that might otherwise result. Plymesser, 172 Wis. 2d at 596-97.¶73. Contrary to Hunt’s argument and the… Read more
