Review of a court of appeals summary disposition, case activity (including briefs) Issues (from the DOJ’s PFR here, Democratic Party’s response here): The public records law contemplates that some records should not be disclosed because it would be contrary to the public interest, and courts recognize the public importance of protecting crime victims and law… Read more
’15-16
On a bypass petition; case activity (including briefs) Issues (from the appellant’s brief): Does a circuit court lack subject matter jurisdiction to enter an OWI 1st offense civil judgment if a defendant has a prior unknown out-of-state OWI conviction? Is a municipality legally precluded from pursuing a civil OWI citation if the defendant could also be… Read more
Review of a published court of appeals decision; case activity (including briefs) In this case the supreme court will address an important issue about the offense of using a computer to facilitate a child sex crime, § 948.075(1r). The court of appeals granted McKellips a new trial on a charge under that statute, holding the jury was erroneously… Read more
Seifert v. Balink, 2015 WI App 59, petition for review granted 11/4/15; affirmed, 2017 WI 2; case activity (including briefs) While this case involves a medical malpractice claim rather than an issue of criminal law, On Point thought it worth noting because it will be the first time the Wisconsin Supreme Court will address the admissibility of expert… Read more
On review of a court of appeals certification; case activity Issue (from certification) Does a defendant’s right to due process prohibit a circuit court from relying on COMPAS assessments when imposing sentence, either because the proprietary nature of COMPAS prevents defendants from challenging the COMPAS assessment’s scientific validity, or because COMPAS assessments take gender into… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by the order granting review) Whether a sentencing court may rely on a defendant’s illegal immigrant status as a factor in fashioning a sentence; and if such reliance is improper, whether it is structural error or subject to harmless error analysis… Read more
Review of a published court of appeals decision; case activity; petition for review; response and cross petition; order granting review Issues (from Singh’s petition and the State’s cross petition) Whether the retroactive application of provisions of 2011 Wisconsin Act 38, which repealed provisions of 2009 Wisconsin Act 28 that gave inmates the opportunity to apply… Read more
Review of a published court of appeals decision; case activity Issue (composed by On Point) Is an elected district attorney a public “employee” who may enjoin the release of records under the open records law because they relate to employee discipline? While this case doesn’t present an issue bearing on the day-to-day practice of indigent defense… Read more
