On Point: 45. WI Supreme Court

Review of unpublished per curiam court of appeals decision; case activity

Issue (composed by On Point)

Does harmless error analysis apply when a trial judge erroneously denies a defendant the right to testify in her own defense?

Nelson wanted to testify in her child sexual assault trial, and the court engaged in a colloquy with her about waiving her right to remain silent, see State v.

Review of 2 unpublished per curiam court of appeals decisions in 2 unrelated cases now joined for purposes of oral argument.

State v. Carlos A. Cummings, District 4 court of appeals decision, case activity

State v. Adrean L. Smith, District 1 court of appeals decision, case activity

Cummings and Smith both present the question of whether defendants invoked their 5th Amendment right to cut off police interrogations. 

Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity

Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman)

The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under Chapters 51 and 980 are similarly situated for purposes of equal protection comparison) and State v.

On review of court of appeals certification; case activity

Issue (from the certification)

Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before the person is released or discharged from a sentence that was imposed for the same sexually violent offense that is alleged in the petition as the predicate offense,

Review of published court of appeals decision; case activity

Issue (composed by On Point)

When the passenger of a car asks a police officer searching the car if he has “got a warrant for that?” before the officer opens a briefcase found in the hatchback of the car, has the driver’s general consent to search the car been limited?

For more factual background about this an interesting and novel issue in Wisconsin,

Review of published court of appeals decision; case activity

Issue (composed by On Point)

Does § 346.65(2)(am)6., which provides that “the confinement portion of a bifurcated sentence imposed under s. 973.01 [for an OWI 7th, 8th, or 9th] shall be not less than 3 years,” require that a bifurcated sentence be imposed?

The court of appeals held that the statute requires a minimum period of confinement if a bifurcated sentence is imposed,

Review of per curiam court of appeals decision; case activity

Issue (composed by On Point)

Whether Wis.  Stat. § 343.303, which bars the admission of certain preliminary breath test results in motor vehicle prosecutions, applies to PBT results obtained by Emergency Room staff?

Issue (again, composed by On Point)

WIS JI- Criminal 1185, which is based upon § 885.135(2g)(c), permits a jury to find a defendant was intoxicated at the time of an accident if it is satisfied beyond a reasonable doubt that the defendant’s alcohol level was 0.08 or greater.  

Review of unpublished court of appeals decision; case activity

Issue (from the state’s Petition for Review)

Whether the court of appeals went beyond the boundaries of an appellate court when it reversed the trial court’s decision based on a sua sponte argument–and subsequent appellate factual determinations–that was never presented to the trial court.

Purtell was on probation for animal cruelty convictions, and as a condition of probation was allowed access to computers only for school or work.

Steve P. v. Maegan F., 2013 WI 89, dismissing review of an unpublished court of appeals decision; per curiam (Justice Prosser did not participate); case activity

This is every appellate lawyer’s nightmare–pouring your heart into an emotionally charged case presenting a provocative legal issue briefed by 5 different parties and amici and then having the supreme court declare that review was improvidently granted.

The record for this case is confidential so On Point’s explanation of what happened may be imprecise. 

Review of published court of appeals decision; case activity

Issue (composed by On Point)

Was Nellessen entitled to an in camera review under Wis. Stat.§ 905.10(3)(b) to determine whether an informant may be able to give testimony necessary to a fair determination of the issue of guilt or innocence, when the defendant claims she was unaware there were controlled substances in the trunk of her car,