Review of unpublished per curiam court of appeals decision; case activity Issue (composed by On Point) In deciding whether trial counsel was ineffective for failing to call a witness, did the postconviction court err by deciding trial counsel’s failure to present the witness was not prejudicial because the witness was not credible? Unlike electronically filed briefs… Read more
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Review of unpublished per curiam court of appeals decision; case activity Issue (composed by On Point) Does harmless error analysis apply when a trial judge erroneously denies a defendant the right to testify in her own defense? Nelson wanted to testify in her child sexual assault trial, and the court engaged in a colloquy with… Read more
Review of 2 unpublished per curiam court of appeals decisions in 2 unrelated cases now joined for purposes of oral argument. State v. Carlos A. Cummings, District 4 court of appeals decision, case activity State v. Adrean L. Smith, District 1 court of appeals decision, case activity Cummings and Smith both present the question of whether defendants… Read more
On review of court of appeals certification; case activity Issue (from the certification) Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before… Read more
Review of published court of appeals decision; case activity Issue (composed by On Point) When the passenger of a car asks a police officer searching the car if he has “got a warrant for that?” before the officer opens a briefcase found in the hatchback of the car, has the driver’s general consent to search… Read more
Review of published court of appeals decision; case activity Issue (composed by On Point) Does § 346.65(2)(am)6., which provides that “the confinement portion of a bifurcated sentence imposed under s. 973.01 [for an OWI 7th, 8th, or 9th] shall be not less than 3 years,” require that a bifurcated sentence be imposed? The court of appeals… Read more
Review of per curiam court of appeals decision; case activity Issue (composed by On Point) Whether Wis. Stat. § 343.303, which bars the admission of certain preliminary breath test results in motor vehicle prosecutions, applies to PBT results obtained by Emergency Room staff? Issue (again, composed by On Point) WIS JI- Criminal 1185, which is based upon… Read more
Review of unpublished court of appeals decision; case activity Issue (from the state’s Petition for Review) Whether the court of appeals went beyond the boundaries of an appellate court when it reversed the trial court’s decision based on a sua sponte argument–and subsequent appellate factual determinations–that was never presented to the trial court. Purtell was… Read more
