State v. Alexander M. Schultz, 2017AP1977-CR, petition for review granted 4/9/19; case activity (including briefs) Issues (derived from petition for review): When determining whether two offenses charged in successive prosecutions are the same in fact for purposes of the Double Jeopardy Clause, how does the court determine the scope of jeopardy when the charged timeframe… Read more
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City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs) Issue (from petition for bypass): City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to… Read more
State v. Stephan I. Roberson, 2017AP1894-CR, petition for review of per curiam opinion granted 2/12/19; case activity (including briefs) Issue (from the petition for review): Whether a pretrial out-of-court identification using a single photo is a showup and thus inadmissible at trial unless the State proves necessity under the totality of the circumstances? In State… Read more
State v. Javien Cajujuan Pegeese, 2017AP741-CR, petition for review of a per curiam opinion granted 1/15/19; affirmed 5/31/19; case activity (including briefs) Issue: Whether the circuit court’s failure to personally insure that the defendant understood each constitutional right waived by his guilty plea entitled him to a Bangert evidentiary hearing to determine whether his plea… Read more
State v. Nelson Garcia, Jr., 2016AP1276-CR, petition for review of an unpublished court of appeals decision granted 12/12/18; case activity (including briefs) Issues (from the petition for review) Does the Sixth Amendment right to counsel attach upon the finding of probable cause and setting of bail by a court commissioner? Was the line-up impermissibly suggestive… Read more
State v. Tyrus Lee Cooper, 2016AP375, review of a per curiam opinion granted 12/12/2018; case activity (including briefs) Issues (from the petition for review): When defendant’s counsel has engaged in serious professional misconduct leading up to the trial date affecting defendant’s meaningful participation in his own defense, does that provide a sufficient reason to withdraw a… Read more
State v. Raytrell K. Fitzgerald, 2018AP1296-CR, petition for bypass granted 12/12/18, circuit court order vacated, 2019 WI 69; case activity (including briefs) Issues: Whether the involuntary medication provisions of Wis. Stat. §971.14 are unconstitutional because they do not comport with Sell v. United States, 539 U.S. 166 (2003)? Whether the circuit court’s Order of Commitment… Read more
State v. Johnny K. Pinder, 2018 WI 106, 11/16/18, on certification from the court of appeals; 2017AP208; case activity (including briefs) The police thought Pinder was probably the culprit in a string of burglaries, so they applied for, and got, a warrant to attach a GPS device to his car. They did not actually do… Read more
