A. Review Grants

on review of published decision; for Novy: Bridget E. Boyle; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror  Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues:  1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating… Read more

on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity Third-Party Consent  Issues (Composed by On Point):  Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop. A mere guest ordinarily may not consent to a… Read more

on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack  Issues (Composed by On Point):  Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior… Read more

on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity TPR – Final Order – Appellate Standing  Issues (from Petition for Review):  I.        When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary… Read more

court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post Search & Seizure – GPS Device – Warrant  Issues (Composed by On Point):  Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones, __ U.S… Read more

court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issue (from Certification):  Whether understating the potential penalty during a plea colloquy can properly be deemed harmless error, and if so, where in the analytical framework of Bangert such a determination should be made. The guilty plea court misinformed Taylor that the maximum… Read more

on review of published opinion; for Avery: Keith A. Findley, Tricia J. Bushnell; case activity; prior post Newly Discovered Evidence / Interest of Justice – New Forensic Method Issues (composed by On Point):  1. Whether new scientific photogrammetric analyses by expert witnesses, indicating that the suspect in video surveillance was shorter than Avery, entitles him to a new… Read more