Review of a published court of appeals opinion; case activity (including briefs) Issue (from the State’s Petition for Review) Did the court of appeals misapply State v. Moran, 2005 WI 115, 284 Wis. 2d 24, 700 N.W.2d 884, when it held that a defendant seeking postconviction DNA testing of “relevant” evidence under § 974.07(2) need not… Read more
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Review of a published court of appeals decision; case activity (including briefs) Issues (from petition for review): Does Wis. Stat. §19.356 preclude petitioners from seeking a declaratory judgment that the DOJ’s alias name policy violates Wisconsin’s public records law? Don’t be misled by the bland statement of the first issue. Teague has asked SCOW to decide… Read more
On review of a published court of appeals opinion; case activity (including briefs) Issues (from petition for review): Does Wisconsin Open Records Law require the records custodian of a local law enforcement agency to produce federal immigration detainer hold documents (I-247s) received from U.S. Immigration and Customs Enforcement (ICE), despite the specific prohibition contained in… Read more
On review of a court of appeals certification; case activity (including briefs) Issue (from certification) Whether an offender whose parole and extended supervision was revoked after a revocation hearing has an adequate remedy other than a writ of habeas corpus to pursue a claim that the attorney who represented him during the hearing rendered constitutionally… Read more
State v. Jeffrey P. Lepsch, 2015AP2813-CR, petition for review granted 5/11/16; case activity (including briefs) Issues (composed by On Point) Were one or more jurors at Lepsch’s trial objectively or subjectively biased because they did not provide “unequivocal assurances” that they could set aside prior beliefs (about, e.g., the guilt of the defendant and the… Read more
On review of a court of appeals certification; case activity (including briefs) Issue (from certification) This appeal presents a single recurring issue: whether provisions in Wisconsin’s implied consent law authorizing a warrantless blood draw from an unconscious suspect violate the Fourth Amendment to the United States Constitution. More specifically, the issue is whether the “implied… Read more
On review of a court of appeals certification; case activity (including briefs) Issue (from certification): Does it violate a defendant’s rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution for the State to introduce at trial a toxicology report identifying certain drugs in a deceased victim’s system and/or testimony of… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues: In State v. Leitner, 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341, this Court held that circuit courts may not consider an expunged record of conviction, but may consider the facts underlying an expunged record of conviction at sentencing. Did… Read more