On Point: 45. WI Supreme Court

On review of a court of appeals summary disposition; case activity

Issue (composed by On Point)

Did the circuit court’s violation of Harrison’s right to substitution under § 971.20 deprive the circuit court of jurisdiction over the case and render the judgment void, or can the violation be deemed to be harmless error?

The Wisconsin Supreme Court is revisiting State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W2d 741, a splintered decision (4 different rationales) with an impenetrable rule.  In this case, the State obtained two statements from the defendant after he had appeared at arraignment with appointed counsel.  The issue is whether the State violated his Sixth Amendment rights.

On review of published court of appeals decisions: Alger, 2013 WI App 148; Knipfer, 2014 WI App 9; case activity: Alger; Knipfer

Issues (composed by On Point)

Does the filing of a petition for discharge or supervised release under ch. 980 after the effective date of the adoption of 2011 Wisconsin Act 2 “commence” an action or proceeding such that the Daubert standard for expert witness testimony applies to the discharge or supervised release proceeding?

If the filing of a discharge or supervised release petition after the effective date of Act 2 does not commence a new proceeding, does it violate due process or equal protection to refuse to apply the Daubert standard to the proceedings on those petitions?

Review of a published court of appeals decision; case activity

Issues (composed by On Point)

Whether a juvenile “refused to respond or cooperate” during a portion of a custodial interrogation if it was going to be recorded, such that § 938.31(3)(c)1. allowed the interrogating officers to turn off the recording device.

Whether an error in failing to record a portion of the custodial interrogation requires exclusion of the statements that were recorded.

State v. Andrew J. Matasek, 2014 WI 27, 5/23/14, affirming a published court of appeals decision; case activity

Section 973.015 provides that a circuit court “may order at the time of sentencing that the record be expunged upon successful completion of the sentence  . . .” SCOW now clarifies that a court must decide expunction at sentencing.  Circuit court practices varied, so this decision clarifies the law and sets the stage for (possibly) a bigger battle over Wisconsin’s expunction statute.

State ex rel. Ardonis Greer v. Wayne J. Widenhoeft, 2014 WI 19, affirming a published court of appeals decision; case activity; Majority opinion:  Justice Ziegler; Dissent: Justice Bradley and C.J. Abrahamson

The DOC assured Greer his probation was over and issued a discharge certificate to that effect.  In truth, his probation term hadn’t yet expired.  So when he committed new crimes, the DOC revoked his probation.  The Majority rejects Greer’s claims that the DOC: (1) lacked jurisdiction to revoke probation, (2) denied due process, and (3) is subject to equitable estoppel.

State v. Minerva Lopez, 2014 WI 11, reversing an unpublished summary disposition of the court of appeals (available here: MINERVA LOPEZ ORDER 3 8 13); case activity

Allowing the defendant to withdraw her no contest pleas would cause substantial prejudice to the state because it would mean the defendant’s trial would occur after the child victim turned 16 and would thus preclude state from presenting video statements of child under § 908.08.

Review of an unpublished court of appeals opinion; case activity; prior On Point post here.

Issue:

Whether ordering a defendant to open his mouth and reveal his platinum teeth to the jury violated his Fifth Amendment right against self-incrimination?

So, this case may boil down to whether forcing the defendant to show his platinum teeth is any different from forcing him to give fingerprints or a blood sample. 

Review of a summary disposition, case activity

Issues (lifted from the State’s PFR here)

Did Wilson satisfy the opportunity requirement for presenting third-party-perpetrator evidence under State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984) with respect to Willie Friend?

If the answer to the first question is “yes,” was the error in excluding the Denny evidence harmless beyond a reasonable doubt.?

Review of a published court of appeals decision; case activity

Issues (composed by On Point)

Whether Dillard is entitled to withdraw his plea because the primary feature of the plea bargain he accepted was the state’s dismissal of a persistent repeater enhancement, which would have mandated a sentence of life imprisonment without release, when in fact the persistent repeater enhancement never applied to him.

Whether Dillard is entitled to withdraw his plea on the alternative ground that his trial lawyer was deficient in failing to discern that Dillard was not subject to the persistent repeater enhancement.