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
A. Review Grants
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Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by the order granting review) Whether a sentencing court may rely on a defendant’s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and the State’s cross petition) Whether the retroactive application of provisions of 2011 Wisconsin Act 38, which repealed provisions of 2009 Wisconsin Act 28 that gave inmates the opportunity to apply… Read more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
Review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point from the PFR) Does the inevitable discovery doctrine require the State to show that information gained through police misconduct did not prompt or influence the purportedly lawful investigation? Does the inevitable discovery doctrine require the State to show that it… Read more
Review of an unpublished per curiam court of appeals decision; case activity Issues (copied from the State’s PFR here): Crimes may be joined in one trial if they are similar or if they are connected as part of a common plan. Here, the court of appeals reversed Salinas’ conviction because it decided allegations that he… Read more
Review of an unpublished per curiam court of appeals decision; case activity Issues (derived from the court of appeals opinion): Whether, in order to get an evidentiary hearing, a defendant’s postconviction motion to withdraw his plea because he did not understand the “read-in” concept must allege that he would have pled differently if he had understood the “read-in”… Read more
