On Point: 45. WI Supreme Court

State v. Dennis H., 2002 WI 104, on certification
For Dennis H.: Ellen Henak, SPD Milwaukee Appellate

Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional.

Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the court spells out and won’t be repeated here).

Dunn County v. Judy K., 2002 WI 87, on certification

Issue: Whether a county is required to find an fund an appropriate placement under § 55.06(9)(a).

Holding:

¶28. We therefore determine that in protective placements pursuant to § 55.06(9)(a), counties must make an affirmative showing of a good faith, reasonable effort to find an appropriate placement and to secure funding to pay for an appropriate placement.

State v. Ronald G. Sorenson, 2002 WI 78, affirming as modified, 2001 WI App 251, 248 Wis. 2d 237, 635 N.W.2d 787
For Sorenson: T. Christopher Kelly

Issue: Whether, given the constitutional protections afforded Ch. 980 respondents, issue preclusion applies so as to prevent Sorenson from attacking the reliability of his qualifying conviction with evidence that the complainant subsequently recanted.

Holding:

¶22.

State v. Adam S. Gonzales, 2002 WI 59, on certification
For Gonzales: Suzanne L. Hagopian, SPD, Madison Appellate

Issue: Whether an amendment to the Wisconsin constitution takes effect upon vote of the electors, or only when the chair of the Elections Board certifies the statewide canvass of votes.

Holding: The legislature has authority under Article XII, Section 1 of the Wisconsin Constitution to adopt reasonable election laws such as Wis. 

State v. Anthony J. Leitner, 2002 WI 77, affirming 2001 WI App 172, 247 Wis. 2d 195, 633 N.W.2d 207
For Leitner: Jefren Olsen, SPD, Madison Appellate

Issue: Whether the sentencing court erred in considering the facts of convictions expunged under § 973.015.

Holding:

¶46. If information about the underlying facts of an expunged conviction come from a source other than a government record,

State v. Carroll D. Watkins, 2002 WI 101, affirming as modified 2001 WI App 103, 244 Wis. 2d 205, 628 N.W.2d 419
For Watkins: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding: Accident has long-existed as a defense that “excuses” homicide, and therefore is incorporated in § 939.45(6) as a privilege “for any other reason.” ¶37. It is not, however, “a true affirmative defense”

State v. Tony Nollie, 2002 WI 4, on certification
For Nollie: Erich Straub

Issue: Whether defendant was entitled to assert the privilege of self-defense to the charge of carrying concealed weapon.

Holding:

¶24. To argue self-defense, Nollie’s offer of proof must indicate that he had an actual and reasonable belief of actual or imminent unlawful interference. In this case, there was no actual or imminent unlawful interference to speak of.

State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9
For Head: John D. Hyland, Marcus J. Berghan

Issue/Holding:

¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be considered in determining whether a sufficient factual basis exists to raise a claim of self-defense.

State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9
For Head: John D. Hyland, Marcus J. Berghan

Issue/Holding:  

¶84. To raise the issue of perfect self-defense, a defendant must meet a reasonable objective threshold. The trial evidence must show: (1) a reasonable belief in the existence of an unlawful interference;

State v. Patrick A. Saunders, 2002 WI 107, reconsideration denied, 2002 WI 119, reversing unpublished opinion
For Saunders: Beth Ermatinger Hanan

Issue: Whether an uncertified copy of the prior judgment of conviction may serve as part of the proof requirement of a repeater allegation that is not personally admitted by the defendant.

Holding: In the absence of the defendant’s personal admission to the prior conviction(s),