State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Issue/Holding: Although a facial challenge to the constitutionality of a statute is not waived by a guilty plea (because such a defect would go to subject matter jurisdiction, something not subject to waiver), an “as applied” challenged is waived by… Read more
2002-03 Term
State v. Lindsey A.F., 2003 WI 63, affirming 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116 For Lindsey A.F.: Eileen Hirsch, SPD, Madison Appellate Issue/Holding: ¶7 n. 5: As a general rule, this court will not consider an issue which will not have any practical effect upon an existing controversy. State v… Read more
Calumet County DHS v. Randall H., 2002 WI 126, on certification Issue/Holding: Where “the procedural history” and “the underlying facts” are not in dispute, “a determination of whether the facts meet the applicable legal standard” is reviewed de novo… Read more
State ex rel. Gary Tate v. Schwarz, 2002 WI 127, reversing 2001 WI App 131 For Tate: Jerome F. Buting, Pamela S. Moorshead, Buting & Williams Issue/Holding: The Evans-Thompson rule — “the state may compel a probationer to answer self-incriminating questions from his probation or parole agent, or suffer the consequence of revocation for refusing to do so, only ‘if… Read more
State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals For Lo: Robert R. Henak Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School Issue/Holding: Retroactivity on collateral attack of a “new” rule– one imposing a new obligation on the state and not dictated by prior… Read more
