on review of summary order (District 2); for Negrete: Jeffrey W. Jensen; case activity Plea Withdrawal – Collateral Attack – Deportation Consequences Issues (Composed by On Point): 1. Whether the laches doctrine bars Negrete’s motion to withdraw his guilty plea, 18 years after he entered it. 2. Whether Negrete’s assertion that he didn’t know his… Read more
A. Review Grants
on review of summary order (District 1); for Sutton: Colleen Ball, SPD, Milwaukee Appellate; case activity No-Merit Appeal Procedure – Remand for Evidentiary Hearing Issues: 1. (Composed by On Point:) Whether § 809.32(1)(g) requires the court of appeals to remand a case to the circuit court for an evidentiary hearing where, during the course of a no-merit proceeding… Read more
on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity Juvenile Delinquency – Waiver Investigation Hearing Issue (Composed by On Point): Whether, on petition to waive a juvenile into adult court, the State may give ex parte input to a local agency making the waiver recommendation pursuant to the circuit court’s… Read more
on review of published decision; for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt: Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt) SVP – Pre-Commitment Return to DOC Custody Issues (Composed by On Point): Whether the State may bring a Wis. Stat. ch. 980 commitment petition to judgment when the respondent is in… Read more
on review of published decision; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Mental Commitment – Alzheimer’s Issue (Composed by On Point): Whether Alzheimer’s is a qualifying mental condition so as to support commitment under ch. 51. See prior post, here, for further discussion… Read more
on review of court of appeals certification request; for Williams: Jonas B. Bednarek; case activity Search Warrants – Issuance by Commissioner Issue (Composed by On Point): Whether § 757.69(1)(b) confers on court commissioner authority to issue search warrants, or whether Wis. Const. art. VII, § 2 reserves such power to judges. See prior post, here, for further discussion… Read more
on review of unpublished decision; for Felix: Leonard D. Kachinsky; case activity Warrantless Nonconsensual Entry to Effectuate Arrest – Attenuation Doctrine Issue (composed by On Point): Whether Wisconsin should adopt the rule of New York v. Harris, 495 U.S. 14 (1990) – post-arrest statements following illegal entry supported by probable cause but not exigent circumstances aren’t… Read more
on certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issues (composed by On Point): Whether a defendant has a non-waivable right to be physically present at a §§ 971.04(1)(g) and 885.60. If the right to physical presence at the plea proceeding can be waived or forfeited, whether a formal colloquy is nonetheless required before… Read more
