State v. Alan M. Johnson, 2018AP2318-CR, review of published opinion granted 9/16/20; case activity (including briefs) Issues for review (from the State’s Petition) 1. Was Johnson entitled to a jury instruction for perfect self-defense based on his testimony concerning his motivation for trespassing with a loaded firearm in KM’s house, despite the fact that KM… Read more
A. Review Grants
State v. Mitchell L. Christen, review of a one-judge court of appeals decision granted 9/16/17, case activity (including brief) Issue presented: Wisconsin Statute § 941.20(1)(3) provides whomever goes armed with a firearm while under the influence of an intoxicant is guilty of a Class A misdemeanor. The consumption of alcohol may lead an individual to… Read more
State v. Tavodess Matthews, 2018AP2142, petition to review a published court of appeals decision granted 8/26/20; case activity (including briefs) Issue presented: Is an adjourned probable cause hearing under ch. 980 a “preliminary contested matter” that terminates litigants’ opportunity to request judicial substitution? Because this is a ch. 980 sexually violent person commitment case, it… Read more
State v. Adam W. Vice, 2018AP2220-CR, petition for review of a published, split opinion granted August 20, 2020, case activity Issue for review: (State’s petition for review; Vice’s response) During a post-polygraph interview, police repeatedly referenced Vice’s polygraph test results and failed to inform him that the results would be inadmissible in court. Did the… Read more
Portage County v. E.R.R., 2019AP2033, petition for review of an unpublished dismissal order granted 8/20/20; case activity Issues presented: Whether an appeal from a Wis. Stat. §51.20(1)(am) recommitment order may properly be dismissed as moot. Whether the County met its burden to prove by clear and convincing evidence that Mr. R. was currently dangerous as required… Read more
Waupaca County v. K.E.K., 2018AP1887, petition for review of an unpublished court of appeals decision granted 7/24/20; case activity Issues presented: Did the circuit court lose competency to conduct a recommitment hearing because the County did not file the evaluation of K.E.K. at least 21 days before the expiration of her commitment, as required by… Read more
State v. Mark D. Jensen, 2018AP1952, petition for review of a summary court of appeals order granted 6/16/20; affirmed 3/18/21; case activity Usually we do to the issues presented first. Here, they’re pretty insubstantial, so let’s just say what’s going on: the supreme court has intervened to (potentially) save a manifestly unconstitutional (and you don’t… Read more
State v. Alfonzo C. Loayza, 2018AP2066-CR, petition for review of a per curiam opinion granted 6/16/20; case activity Issue (from the State’s petition for review): It is well established that a DOT record is competent proof of a defendant’s prior conviction and can therefore be used to enhance the defendant’s sentence. It is also well… Read more
