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case activity (including briefs) Issue (from certification) Whether an offender whose parole and extended supervision was revoked after a revocation hearing has an adequate remedy other than a writ of habeas corpus to pursue a claim that the attorney who represented him during the hearing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
A. Review Grants
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
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
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) What is required to show that an evidentiary blood draw was conducted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
