State ex rel. Milton Eugene Warren v. Michael Meisner, 2019AP567-W, petition for review granted 10/16/19; reversed and remanded 6/10/20; case activity Issue (composed by On Point based on the petition for review) Whether under State v. Starks, 2013 WI 69, Warren’s § 974.06 postconviction motion alleging ineffective assistance of counsel by the lawyer appointed on… Read more
A. Review Grants
State v. Courtney C. Brown, 2019 WI App 34, petition for review granted 10/15/19; case activity (including links to briefs) Issues (petition for review) Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose? As explained in our post on the court of appeals’ decision, an officer stopped Brown’s car, noticed he wasn’t wearing… Read more
State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a… Read more
Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity Issues: Whether the mootness doctrine should apply to an appeal from a commitment order? Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is… Read more
State v. Richard H. Harrison Jr., 2017AP2440 & 2441-CR, cross-petitions for review granted 8/14/19; case activity We posted about the unpublished court of appeals decision; the basic scenario is that Mr. Harrison served his initial confinement on a couple of concurrent sentences, then began serving the initial confinement portion of some sentences that had been imposed consecutive to that first set… Read more
Timothy W. Miller v. Angela L. Carroll, petition to review a published court of appeals decision granted 8/14/19; case activity (including briefs) Issues (based on Carroll’s Petition for Review) Does a judge’s acceptance of one party’s Facebook “friend” request by itself overcome the presumption that a judge is fair, impartial, and capable of ignoring any biasing influences, given… Read more
Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity Issue: A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a… Read more
State v. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs) This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post: Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers… Read more