On Point blog, page 1 of 1
SCOW muddles confrontation, hearsay analysis; addresses Miranda at John Doe proceeding
State v. Peter J. Hanson, 2019 WI 63, 6/5/19, affirming an unpublished decision of the court of appeals; case activity (including briefs)
Hanson was called to testify at a John Doe proceeding looking into an unsolved homicide. He was eventually charged with the crime, and at his trial the jury heard a portion of Hanson’s John Doe testimony. The supreme court held the admission of this evidence didn’t violate Hanson’s right to confrontation. The court also holds that Hanson’s John Doe testimony was admissible despite the lack of Miranda warnings because that warning isn’t required at a John Doe proceeding.
SCOW invalidates Wisconsin statute governing coordination between candidates and certain independent groups; halts John Doe probe based on alleged violations of the law
State of Wisconsin ex rel. Two Unnamed Petitioners v. The Honorable Gregory Peterson et al.; State of Wisconsin ex rel. Francis D. Schmitz v. the Honorable Gregory Peterson, & State of Wisconsin ex rel. Three Unnamed Petitioners v. The Honorable Gregory Peterson, et al., 2015 WI 85, issued 7/16/15; case activity: Two Unnamed Petitioners; Schmitz v. Peterson; Three Unnamed Petitioners
Unless you’ve just returned from a trip to a remote corner of the globe that’s beyond the reach of news media, you know by now that the Wisconsin Supreme Court decided the so-called “John Doe” cases. The court’s decision ordered a halt into the investigation of coordinated fundraising and spending between candidate committees and certain independent groups during the 2011-12 recall campaigns. Gargantuan by any standard, the decision goes on for almost 400 pages, with a majority opinion, two concurrences (Prosser and Ziegler), and two dissents/concurrences (Abrahamson and Crooks). It contains almost nothing of relevance to ordinary criminal law practice. However, in the interest of helping orient readers who may want to look more closely at the decision, below the break is a summary of the major issues and how the various opinions address them.
SCOW to review John Doe proceedings
Three Unnamed Petitioners v. Peterson, Nos. 2013AP2504-2508-W; case activity (for 2013AP2504); Two Unnamed Petitioners v. Peterson, No. 2014AP296-OA; case activity; and Schmitz v. Peterson, Nos. 2014AP417-421-W; case activity (for 2014AP417)
The supreme court has granted review in some of the John Doe investigations into coordination of spending by candidate campaigns and independent groups. The long and varied list of issues presented (below the jump) is taken directly from the court’s order, which also includes directions regarding the briefing schedule, word limits, filings under seal, redaction and confidentiality of documents in the record in compliance with any secrecy orders. Chief Justice Abrahamson and Justice Prosser concur in the grants, but write separately (pp. 7-12) to raise various legal and practical questions. Justice Bradley is not participating for reasons given in a letter appended to the order (pp. 15-18).
Warrants – Overbreadth – John Doe Subpoena for Computer Records
Custodian of Records for Legislative Technology Services Bureau v. State, 2004 WI 65, on reconsideration 2004 WI 149
Issue/Holding:
¶34. When we review a John Doe subpoena, a foundational issue may be constitutional in nature. For example, does the issuance of a subpoena in a John Doe proceeding, the sole purpose of such proceeding being to investigate alleged criminal activity, have the potential to affect Fourth Amendment rights?
Prohibition — John Doe Proceeding
State ex rel. Individual v. Davis, 2005 WI 70, on certification
For Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe
Issue/Holding:
¶15 A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6]As a remedy, writs of prohibition are often used in connection with John Doe proceedings.
Supervisory Writ — John Doe Proceeding, Review of
State ex rel Unnamed Persons v. State, 2003 WI 30
For Unnamed Persons: Franklyn M. Gimbel, et al.
Issue/Holding:
¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently broad in scope to permit the court of appeals to exercise supervisory jurisdiction over the actions of a judge presiding over a John Doe proceeding.