Question Presented: Most states and the federal government have a rule of evidence generally prohibiting the introduction of juror testimony regarding statements made during deliberations when offered to challenge the jury’s verdict. Known colloquially as “no impeachment” rules, they are typically codified as Rule 606(b); in some states, they are a matter of common law… Read more
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Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) What is required to show that an evidentiary blood draw was conducted by a “person acting under the direction of a physician” for purposes of Wis. Stat. § 343.305(5)(b)? Under § 343.305(5)(b), a person arrested for an OWI-related offense may be… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point): Does the constitutional prohibition against ex post facto laws bar the mandatory imposition of a DNA surcharge for a single felony conviction based on conduct that was committed before the mandatory DNA surcharge requirement took effect? We all… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point): Does the Confrontation Clause or Due Process Clause prohibit a circuit court from relying on hearsay evidence in deciding a suppression motion? It hardly needs saying that this is a significant case with potentially far-reaching impact—indeed, the dissenting court… Read more
Review of a per curiam court of appeals decision; case activity (including briefs) Issue (copied from the State’s petition for review): No witness, expert or otherwise, may give an opinion at a trial that another mentally and physically competent witness is telling the truth. Here, the social worker who interviewed a child regarding her claim… Read more
Review of a per curiam court of appeals decision; case activity (including briefs). Issue (composed by On Point): Is hot pursuit of a suspect based upon probable cause for a jailable offense a stand-alone justification for a warrantless home entry and arrest or must law enforcement reasonably believe that a delay in obtaining a warrant would… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (from the State’s petition for review) When a defendant who pleads guilty or no contest is misinformed that the maximum penalty that could be imposed is lower than the maximum actually allowed by law, and the sentence imposed is more than the… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point) Does the state statute preempting certain local firearm regulations, § 66.0409(2), apply to the Madison Transit and Parking Commission’s rule prohibiting weapons on city buses? As described in our post on the court of appeals decision, the court of… Read more
