On Point: 45. WI Supreme Court

Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity

Extended Supervision Conditions – Suspicionless Searches 

A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and thus neither overbroad nor unrelated to Tally’s rehabilitative needs.

on review of petition for supervisory writ; for SPD: Joseph N. Ehmann, Kathleen A. Pakes; case activity

Postconviction Reference to PSI 

Issue (Composed by On Point): 

Whether, before litigating a presentence report-related sentencing issue, postconviction counsel must obtain circuit court permission to “access, discuss, cite to, and quote from a PSI report.”

Fall-out from State v. Parent, 2006 WI 132,

on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity

Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment 

Issues (Composed by On Point): 

1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1).

2.

on review of published decision; for Novy: Bridget E. Boyle; case activity

Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror 

Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues: 

1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating discovery rules is thereby rendered inadmissible at all stages,

on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity

Third-Party Consent 

Issues (Composed by On Point): 

Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop.

A mere guest ordinarily may not consent to a search of the home,

State v. Douglas Meier Williams, 2012 WI 59, on review of court of appeals certification request; for Williams:  Stephen P. Hurley, Dean A. Strang, Marcus J. Berghahn, Jonas B. Bednarek; case activity

Wis. Stat. § 757.69(1)(b), giving circuit court commissioners authority to issue search warrants, is constitutional.

¶3   Throughout Wisconsin’s history, including before the ratification of the Wisconsin Constitution, non-judges have been authorized by statute to issue search warrants.  

State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity

While the practice of allowing ex parte prosecutorial input at the final staffing of a juvenile waiver investigation can’t be recommended, it is nonetheless not impermissible as a matter of law.

¶4   We conclude that the circuit court did not err in denying Tyler’s request to strike the waiver investigation report prepared by the DHHS.  

Fond du Lac County v. Helen E. F., 2012 WI 50, affirming 2011 WI App 72; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity

Someone suffering from Alzheimer’s Disease is not a fit subject for commitment under ch. 51 but, instead, guardianship proceedings under ch. 55.

¶13  Wis. Stat. ch. 55 provides Helen with the best means of care.  

on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity

Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack 

Issues (Composed by On Point): 

Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident.

Whether Gracia’s waiver of counsel in a prior OWI conviction used as a penalty enhancer was valid,

on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity

TPR – Final Order – Appellate Standing 

Issues (from Petition for Review): 

I.        When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary rules of civil procedure?

II.        Where the trial court determines that it denied the right to counsel during a TPR trial,