Dane Co. DHS v. P.P., 2005 WI 32, affirming unpublished decision Issue: Whether § 48.424(4) (2001-02) on its face violates substantive due process, in failing to require an individualized determination of unfitness as a precondition for termination of parental rights. Holding: A parent has a fundamental liberty interest at stake in parenting his or her… Read more
2004-05 Term
State v. Christopher Anson, 2005 WI 96, affirming, 2004 WI App 155 For Anson: Stephen J. Watson Issue/Holding: Given a statement taken in violation of the Anson’s 6th amendment right to counsel, in which Anson admitted to facts underlying one of the charges and was prominently mentioned in the opening statements and “evidentiary phase of the trial,” and… Read more
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶7. … The three standards of appellate review of circuit court decisions have been stated numerous times, although case law has articulated sub-principles and different ways… Read more
State v. Jose A. Trujillo, 2005 WI 45, affirming summary order of court of appeals For Trujillo: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the TIS-II reduction of penalty, such that this TIS-I defendant was sentenced to confinement exceeding what would have been the TIS-II maximum, is a “new factor” supporting modification of sentence. Holding: ¶21 We… Read more
State v. Glenn H. Hale, 2005 WI 7, affirming, as modified, 2003 WI App 238 For Hale: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: ¶53. A threshold question for applying the Crawford framework is whether the State is proffering “testimonial” hearsay evidence. …¶54. Because Sullivan’s hearsay evidence was “testimonial” in nature, we turn next to… Read more
State v. Paul J. Stuart, 2005 WI 47, reversing unpublished COA opinion; and overruling State v. Paul J. Stuart, 2003 WI 73 For Stuart: Christopher W. Rose Issue: Whether the preliminary hearing testimony of a witness (“John”) – unavailable at trial after refusing to testify at that stage – was admissible under the confrontation clause… Read more
Patrick G. Schilling v. State Crime Victims Rights Board, 2005 WI 17, on certification Issue/Holding: The first sentence of Art. I, § 9m (“dignity” provision) is a statement of purpose, articulating the importance of crime victims’ rights, but is not self-executing. ¶¶13-26. General methodology of interpreting constitutional provision – plain meaning of words; constitutional debates… Read more
State ex rel. Individual v. Davis, 2005 WI 70, on certification Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe Issue/Holding: ¶15 A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6] As a remedy, writs of prohibition are often used in… Read more
