On Point: 45. WI Supreme Court

Review of a per curiam opinion; case activity (including briefs); petition for review

Issues (from Stietz’s petition):

1. On the facts of this case, did the court of appeals deny Stietz’s federal and state constitutional rights to present a complete defense of self-defense, and contradict controlling precedent of this Court in State v. Mendoza, 80 Wis. 2d 122, 258 N.W.2d 260 (1977), by weighing Stietz’s credibility and requiring more than “some evidence,” even if inconsistent, to support a self-defense instruction?

2. On the facts of this case, did the court of appeals deny Stietz’s federal and state constitutional rights to present a defense by forbidding argument that Stietz was defending himself against two men he reasonably believed were armed trespassers?

3. On the facts of this case the court of appeals contradict this Court’s controlling decision in State v. Hobson, 218 Wis. 2d 350, 577 N.W.2d 825 (1998), by foreclosing self-defense against wardens who: (a) the accused did not know were law enforcement officers, on evidence the jury was entitled to credit; (b) were not even claiming to make an arrest, but only were trying to disarm a man without apparent right; and (c) were not acting peaceably in any event, but rather were trying violently to disarm a lawfully armed man?

On bypass;  case activity (including briefs)

Issue (derived from court of appeals’ briefs):

Whether the Crime Victims Rights Board’s power to remedy a violation of a victim’s right to the speedy disposition of a criminal case can be applied to judges without violating the separation of powers doctrine.

Review of an unpublished court of appeals opinion; case activity (including briefs)

Issues:

(1)  Whether to satisfy the conditions of probation for purposes of Wisconsin’s expungement statute, § 973.015(1m)(b), a probationer must perfectly comply with every probation condition, or whether under State v. Hemp, 2014 WI 129, 359 Wis. 2d 320, 856 N.W.2d 811, it is enough that the probation agent determines that the probationer has successfully completed probation?

(2)  Whether Ozuna‘s procedural due process rights were violated when the court failed to provide him with notice or a hearing before denying expungement?

Review of an unpublished court of appeals opinion; case activity

Issue (composed by On Point)

Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179 held that an individual is capable of rehabilitation, and thus a proper subject for treatment under Chapter 51, when treatment would control the symptoms of the individual’s disorder.  If, on the other hand, treatment would control only the individual’s activity or behavior, then he is not a proper subject for treatment under Chapter 51. The question is: how are courts to determine whether treatment is controlling symptoms of disorder–especially when medical experts, when describing the effects of treatment, blur the line between symptoms and behavior?

Review of an unpublished per curiam court of appeals decision; case activity (including briefs)

Issue (composed by On Point)

Whether the circuit court erred in denying Zimbal’s post-remand substitution request as untimely where Zimbal orally requested that the judge recuse himself the day before remittitur and was not appointed counsel until after the 20-day time limit?

Review of an unpublished court of appeals decision; case activity (including briefs)

Issue (composed by On Point)

Did the circuit court err in holding that Suriano forfeited his Sixth Amendment right to counsel after three appointed attorneys withdrew from representing him because the court did not warn Suriano that forfeiture was a possibility and did not advise Suriano of the difficulties and dangers of self-representation?

OLR v. John Kenyatta Riley, 2016 WI 70, 7/15/16; case activity (including briefs)

Leaving us with another splintered decision as the current term comes to its end, a majority of the supreme court votes to publicly reprimand an attorney for “offering” false testimony from his client and then failing to take reasonable measures to correct the testimony. The precedential value of the opinion is uncertain, and perhaps nil, as there’s no majority rationale for the decision and it involves a previous version of the relevant ethical rule; nonetheless, every lawyer who calls witnesses should be aware of it and contemplate what it might portend.

State v. Eric L. Loomis, 2016 WI 68, 6/13/06, on certification from the court of appeals, case activity (including briefs)

The developer of COMPAS says that he didn’t design it to be used in sentencing, and he won’t disclose its “trade secret” algorithm. See Pro Publica interview here. But in a 7-0 decision (with 2 concurrences) SCOW holds that if used properly, observing certain “limitations and cautions,” a circuit court’s consideration of a COMPAS risk assessment at sentencing does not violate due process. Slip op. ¶8.

State v. Patrick J. Lynch, 2016 WI 66, 7/13/16, affirming (for all practical purposes) a published court of appeals decision, 2015 WI App 2, 359 Wis. 2d 482, 859 N.W.2d 125; case activity (including briefs)

A very divided supreme court once again declines to overrule 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 356, 646 N.W.2d 298, and leaves the current standard and remedy intact—or, as the mandate puts it, “the law remains as the court of appeals has articulated it.” But four separate writings totaling 135 pages make it clear Shiffra in its current form will certainly be subject to challenge again.

State ex re. Aman Singh v. Paul Kemper, 2016 WI 67, 7/13/16, affirming in part and reversing in part a published court of appeals decision, 2014 WI App 43, 353 Wis. 2d 520, 846 N.W.2d 820; case activity (including briefs)

This habeas case involves three discrete ex post facto claims regarding multiple offenses committed and disposed of over a short time span during which there were three versions of Truth-in-Sentencing. A fractured court issues five separate opinions, resulting in holdings that find some ex post facto violations but apparently provide no relief to Singh, the petitioner.