A. Review Grants

on certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity Issue (formulated by On Point): Whether a statement made to law enforcement following a probationer’s honest accounting to his probation agent may derive from a “legitimate source wholly independent of compelled testimony” and therefore admissible in a criminal case, notwithstanding the promise of immunity for such statements when made to probation… Read more

decision below: unpublished; case activity Issues (formulated by On Point): Whether Domke was denied effective assistance of counsel by trial counsel’s: failure to object to inadmissible hearsay in the form of a social worker’s testimony reciting the complainant’s recitation of the alleged sexual assaults; producing, without first interviewing her, the complainant’s mother as a defense witness who… Read more

on petition for review of published decision; for Hanson: Robert R. Henak, Chad A. Lanning; case activity Issues (provided by court): Whether a driver of a vehicle can be convicted of attempting to elude a law enforcement officer under Wis. Stat. § 346.04(3) while on a cell phone with a 911 intake dispatcher and driving to a police… Read more

decision below: unpublished; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Issues (formulated by On Point): Whether admission into evidence of electronic monitoring daily summary reports requires expert testimony to lay a foundation as to accuracy and reliability. Whether the daily summary reports fall outside the definition of hearsay because they don’t represent assertions… Read more

decision below: unpublished; for Buchanan: Tyler William Wickman; case activity Issue (formulated by On Point): Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car. The court relied on the following to show reasonable suspicion to… Read more

decision below: unpublished; for West: Ellen Henak, SPD. Milwaukee Appellate; case activity Issue (formulated by On Point): Whether, as a matter of statutory construction, due process and equal protection, the burden of proof on a § 980.08(4)(cg) petition for supervised release of a sexually violent release is on the State. A technical issue, but one significant… Read more

decision below: summary order; for Denson: Donna Odrzywolski;  supreme court news release Issues (from the news release): Should the constitutional right of a criminal defendant not to testify on his behalf and remain silent at trial be recognized as a fundamental right that can only be waived personally by the defendant with an on the record… Read more