On Point: 45. WI Supreme Court

State ex rel Thomas Hass v. Wisconsin Court of Appeals, 2001 WI 128

Issue/Holding:

¶10. The issue presented in this case is whether this court should exercise its constitutional superintending and administrative authority to direct the court of appeals to accept all petitions for interlocutory appeal where the circuit court has denied a claim that the state court action is barred by a final federal court judgment on issue and claim preclusion grounds.

State of Wisconsin ex rel. Eugene Nichols v. Litscher, 2001 WI 119
For Nichols: Jeffrey O. Davis, Daniel J. LaFave

Issue: Whether a pro se prisoner’s petition for review may be accepted for filing in the supreme court, even though received after the filing deadline, where it was delivered to prison authorities for mailing before the deadline.

Holding:

¶11 We decline to interpret the term ‘file’

State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals
For Lo: Robert R. Henak
Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School

Issue/Holding: Retroactivity on collateral attack of a  “new” rule– one imposing a new obligation on the state and not dictated by prior precedent – must satisfy the test of Teague v.

State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 627 N.W.2d 195, on certification
For Hansen: Pamela Pepper

Issue: Whether a prior decisional pronouncement should be treated as precedential when it is contradicted elsewhere in the decision.

Holding: “Because of the internal inconsistency [in the prior decision], no judicial precedent was established in the first place,” ¶33.

County of Dunn v. Goldie H., 2001 WI 102, affirming unpublished decision of court of appeals
For Goldie H.: John E. Joyce

Issue: Whether a ch. 55 subject has a right to a hearing before the circuit court orders continuation of protective placement; and whether the circuit court must make findings of fact to support such an order.

Holding:

¶6. We hold that a person is entitled to a hearing on the record before his or her protective placement is continued,

State v. Michael S. Piddington, 2001 WI 24, 241 Wis. 2d 754, 623 N.W.2d 528, affirming State v. Piddington, 2000 WI App 44, 233 Wis.2d 257, 607 N.W.2d 303
For Piddington: Michelle Ann Tjader

Issue: Whether BAC results were suppressible because the profoundly deaf defendant could not have heard the implied-consent law recitation of rights.

Holding:

¶1 … We hold that § 343.305(4) requires the arresting officer under the circumstances facing him or her at the time of the arrest,

State v. Lawrence P. Peters, 2001 WI 74, 244 Wis. 2d 470, 628 N.W.2d 797, reversing, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655
For Peters: Jane K. Smith

Issue: Whether Peters may, at his OAR-5th sentencing, collaterally attack his OAR-2d conviction, on the ground of denial of counsel.

Holding:

¶4 We view this case as falling within the right-to-counsel exception to the general rule against collateral attacks on prior convictions.

State v. Rayshun D. Eason, 2001 WI 98, reversing State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208
For Eason: Suzanne Hagopian, SPD, Madison Appellate

Issue: Whether evidence obtained after entry of a home in violation of the announcement rule, because authorization was provided by an invalid no-knock warrant, is nonetheless admissible under the good-faith exception to the warrant requirement.

State v. Wilton Tye, 2001 WI 124
For Tye: Mark D. Richards, Christy M. Hall

Issue: Whether evidence seized under a search warrant, invalid on its face because unsupported by oath or affirmation, is covered by the good faith exception.

Holding:

¶24. Fourth and finally, the State asks this court to allow admission of the seized evidence under a good-faith exception to the exclusionary rule.

City of Milwaukee v. Sammie L. Glass, 2001 WI 61, affirming 2000 WI App 252, 239 Wis. 2d 373, 620 N.W.2d 213

Issue/Holding:

¶19 Considering the aims and objects of a Wis. Stat. § 968.20 action and the procedure set forth in Wis. Stat. § 968.20, we conclude that Wis. Stat. § 968.20 establishes an in rem proceeding. The court reached this same conclusion in a recent case.8

¶20 We now turn to whether the plaintiff may obtain monetary damages from the City in this proceeding under Wis.