On review of a per curiam unpublished court of appeals decision; case activity Issue (composed by On Point) Did the circuit court violate Jesse Herrmann’s due process right to an impartial judge by exhibiting objective bias in sentencing Herrmann? Herrmann was convicted of one count of homicide by intoxicated use of a vehicle, two counts of injury by intoxicated… Read more
A. Review Grants
On review of a published court of appeals decision; case activity Issue (composed by On Point) Was Griep’s right to confront the witnesses against him violated by allowing the supervisor of an unavailable lab analyst to testify to his opinion about the defendant’s BAC based entirely on the report prepared by the unavailable analyst? This question has… Read more
On review of an unpublished court of appeals decision; case activity Issue (composed by On Point) Was there sufficient evidence to establish Michael H. was “dangerous” under § 51.20(1)(a)2.a. or c., based either on his “threats” of suicide or a pattern of acts or omissions showing such impaired judgment that there is a substantial probability… Read more
On review of an unpublished court of appeals decision; case activity Issue (composed by On Point) Did the inclusion in the PSI of statements Alexander made to his probation agent, and the trial court’s consideration of the statements at sentencing, violate Alexander’s right against self-incrimination? As explained in our post on the court of appeals decision, Alexander was… Read more
On review of published court of appeals decision; case activity Issue (composed by On Point) Did the good-faith exception to the exclusionary rule apply to a search of a home conducted in reliance on a search warrant that was itself based on a search by a drug-sniffing dog that violated Florida v. Jardines, 569 U.S. ___… Read more
On review of a court of appeals summary disposition; case activity Issue (composed by On Point) Did the circuit court’s violation of Harrison’s right to substitution under § 971.20 deprive the circuit court of jurisdiction over the case and render the judgment void, or can the violation be deemed to be harmless error? As the substitution statute makes clear… Read more
The Wisconsin Supreme Court is revisiting State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W2d 741, a splintered decision (4 different rationales) with an impenetrable rule. In this case, the State obtained two statements from the defendant after he had appeared at arraignment with appointed counsel. The issue is whether the State violated… Read more
On review of published court of appeals decisions: Alger, 2013 WI App 148; Knipfer, 2014 WI App 9; case activity: Alger; Knipfer Issues (composed by On Point) Does the filing of a petition for discharge or supervised release under ch. 980 after the effective date of the adoption of 2011 Wisconsin Act 2 “commence” an… Read more
