Review of unpublished court of appeals decision; case activity Issue (from the Petition for Review) Should this Court accept review to examine when law enforcement can electronically track a cell phone in order to locate the phone’s user? More specifically, should this Court review a) whether obtaining a cell phone’s location constitutes a “search” within… Read more
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Review of published court of appeals decision; case activity Issues (composed by On Point): If the Department of Corrections erroneously issues a probationer a discharge certificate under 973.o9(5) before the probationary term expired, but later discovers the error and proceeds to revoke the probationer, did the Department lose jurisdiction over the probationer? If the Department… Read more
Review of unpublished court of appeals decision; case activity Issue (composed by On Point) Does a circuit court have discretion to dismiss a refusal proceeding after the prosecution of the underlying OWI charge results in an acquittal? This case is of obvious interest to OWI practitioners, even if its facts are unusual and, thus, not… Read more
Review of per curiam court of appeals decision; case activity Issues (from the Petition for Review): 1. Without obtaining a warrant, police tracked Subdiaz-Osorio’s location through the signal transmitted from his cell phone. Did the trial court err in denying his motion to suppress this evidence? 2. Did the court of appeals in deciding that… Read more
Review of unpublished court of appeals decision; case activity Issues (from the Petition for Review): 1. Where a defendant has entered a plea of not guilty by reason of mental disease or defect, may a court summarily refuse to hold a jury trial on the defense if it determines that the defendant will not present… Read more
Review of court of appeals summary disposition (PDF here: MINERVA LOPEZ ORDER 3 8 13); case activity Issue (composed by On Point) Did the circuit court err in concluding that it should deny Lopez’s pre-sentencing plea withdrawal motion because plea withdrawal would substantially prejudice the state? This issue statement is based on the summary disposition issued… Read more
Review of per curiam court of appeals decision; case activity Issue (from the Petition for Review): Were Robinson’s state and federal constitutional rights against double jeopardy violated when, after imposing a sentence and remanding her to start serving the sentence forthwith, the circuit court recalled the case the next day and increased her sentence, not… Read more
On review of court of appeals certification; case activity: Pinno; Seaton Issue (from certification): Is the failure to object to the closure of a public trial to be analyzed upon appellate review under the “forfeiture standard” or the “waiver standard”? See our previous post for further discussion… Read more
