by admin
on March 22, 2015
State v. Dawn M. Hackel, 2014AP1765-CR, District 4, 3/19/15 (one-judge decision; ineligible for publication); case activity (including briefs)
During voir dire at an OWI trial, a sheriff’s deputy/prospective juror said he had arrested drunk drivers, testified in drunk driving cases, and said that based on his professional training and occupation the State had sufficient evince to convict Hackel, and, therefore, she was guilty as charged. The court of appeals held this in no way tainted the jury panel heading into trial.
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by admin
on March 19, 2015
State v. Brian S. Kempainen, 2015 WI 32, 3/19/15, affirming a published court of appeals decision; opinion by Justice Gableman; case activity (including briefs)
The supreme court unanimously holds that when determining whether the accusations in a criminal complaint are specific enough to give a defendant fair notice of the charges and an opportunity to defend against them, a court must consider the totality of the circumstances, and not just the specific set or subset of factors listed in State v. Fawcett, 145 Wis. 2d 244, 426 N.W.2d 91 (Ct. App. 1981).
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by admin
on March 19, 2015
State v. Jasmine W., 2014AP2960 & 2014AP2961, District 1, 3/18/15 (one-judge decision; ineligible for publication); case activity: 2014AP2960; 2014AP2961
The circuit court applied the proper standard of law to the relevant fact when it declined to place Jasmine’s children with their grandmother, found no substantial relationship between the children and their grandmother, and concluded that it would not cause harm to sever the legal ties between the children and their grandmother.
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by admin
on March 18, 2015
Review of a published court of appeals decision; case activity (including briefs)
Issues (composed by On Point)
Should State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993), and State v. Green, 2002 WI 68, 253 Wis. 2d 536, 646 N.W.2d 298, be overruled?
If the Shiffra/Green rule is not discarded, should the rule be modified to allow a witness to testify even if he or she refuses to disclose the confidential records the defendant is seeking? [continue reading…]
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by admin
on March 18, 2015
Review of an unpublished court of appeals opinion; Click here for docket and briefs
Issue (composed by On Point):
Whether an articulable suspicion or probable cause that a person has violated a statute punishable only by forfeiture can justify a warrantless seizure of the person? [continue reading…]
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by admin
on March 18, 2015
Review of a court of appeals summary disposition; case activity
Issue (composed by On Point)
May a defendant seek to withdraw his guilty plea by claiming that his trial lawyer was ineffective for failing to advise him that, as a consequence of his plea, he could be subject to lifetime commitment as a sexually violent person under ch. 980? [continue reading…]
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by admin
on March 18, 2015
Review of a published decision of the court of appeals; case activity (including briefs)
Issue (composed by On Point)
Did the police violate the Fourth Amendment by entering the parking garage of an apartment complex without a warrant and without the consent of a resident of the complex? [continue reading…]
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by admin
on March 18, 2015
On certification by the court of appeals; review granted 11/26/13; circuit court reversed 1/29/16; click here for docket and briefs
Issue (composed by the court of appeals):
How definite or imminent must deportation be in order for it to be “likely,” such that a defendant may withdraw a guilty or no contest plea on the basis that he or she was not informed of the immigration consequences at the plea colloquy? If, in order to withdraw the plea, the defendant must show that deportation proceedings are underway, how does this standard fit in with the time limits for a motion to withdraw the plea? [continue reading…]
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