decision below: 2010 WI App 42; for Beauchamp: Martin E. Kohler, Craig S. Powell Issues (from Table of Pending Cases): Does the confrontation clause bar admission of testimonial dying declarations against a defendant in light of Crawford v. Washington, 541 U.S. 36 and State v. Manuel, 2005 WI 75, 281 Wis. 2d 554, 697 N.W.2d… Read more
A. Review Grants
decision below: unpublished; for Brenda B.: Leonard D. Kachinsky; prior post, here. Issue (from Table of Pending Cases): Did the trial court correctly exercise its discretion in denying a parent’s motion to withdraw a no contest plea that grounds existed for termination of parental rights without an evidentiary hearing… Read more
decision below: 2009 WI App 64; for Ninham: Frank M. Tuerkheimer; Bryan Stevenson; Rebecca Kiley Issues (from Table of Pending Cases): Whether Roper v. Simmons, 543 U.S. 551 (2005) and Graham v. Florida, 130 S.Ct. 2011 (2010) are applicable to revise the sentence of a defendant whose crime(s) were committed as a juvenile. Whether the sentence… Read more
decision below: summary order (not posted); case information here; prior appeal: 2001AP2527-CR; for Balliette: Steven D. Grunder, SPD, Madison Appellate Issue (from AG’s petition for review): Is an evidentiary hearing into the effectiveness of post-conviction counsel required in every case where the § 974.06 motion merely makes the conclusory allegation that post-conviction counsel was ineffective for… Read more
decision below (unpublished); for Marinez: Ralph Sczygelski Issues (as provided by the court): Did the circuit court erroneously exercise its discretion by admitting other acts evidence of the minor child’s videotaped statement without excerption of the hand-burning references? Did the court of appeals err by applying the de novo standard of review to the circuit… Read more
decision below: unpublished (2009AP118); for Burns: David R. Karpe Issue: Is the Appellant entitled to a new trial in the interests of justice where (a) the circuit court banned the Appellant from presenting evidence that the victim’s post-assaultive behavior and loss of virginity was due to her having been sexually assaulted by her grandfather rather… Read more
certification Issue: Can a circuit court disqualify retained counsel-of-record in a civil suit, thereby denying the client the right to representation by chosen counsel and restricting the attorney’s right to practice law in a civil action, where the attorney previously represented a nonparty witness for the opposing side? The Ciccantellis sued a condo association for… Read more
decision below: 2009 WI App 143; for Conner: Steven J. House Issues: What degree of specificity is required in charging dates of allege conduct in a criminal information to satisfy the accused’s constitutional due process rights of notice of the charged offenses? Does Wis. Stat. § 940.32(2m)(b) require that the state prove that a “course… Read more
