On Point blog, page 4 of 7
Wisconsin Constitution – Construction – General
State v. Phillip Cole, 2003 WI 112, on certification
For Cole: Michael Gould, SPD, Milwaukee Appellate
Issue/Holding: “¶31. In interpreting a constitutional provision, we first turn to the plain meaning of the amendment in context.” The court next examines the legislative history of the amendment, including drafting records of the legislative reference bureau and legislative council staff, ¶36 and id. n. 12. Further “analysis includes an examination of the practices in effect at the time the amendment was passed,
Supervisory Writ — John Doe Proceeding, Review of
State ex rel Unnamed Persons v. State, 2003 WI 30
For Unnamed Persons: Franklyn M. Gimbel, et al.
Issue/Holding:
¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently broad in scope to permit the court of appeals to exercise supervisory jurisdiction over the actions of a judge presiding over a John Doe proceeding.
Physical Evidence Derived from (Intentional) Miranda Violation
State v. Matthew J. Knapp (I), 2003 WI 121, on certification; vacated and remanded for further consideration in light of United States v. Patane, 542 U. S. ____ (2004), Wisconsin v. Knapp, No. 03-590; Knapp I reaffirmed on remand, State v. Matthew J. Knapp (II),
Motion to Suppress Statement – State’s Burden of Proof, Unsworn Police Reports
State v. Joseph F. Jiles, 2003 WI 66, reversing unpublished decision of court of appeals
For Jiles: Mark S. Rosen
Issue/Holding:
¶35. We think it will be a rare case that the State is able to meet its burden of proof at a Miranda–Goodchild hearing by relying exclusively on an unsworn police report.
¶36.
John Doe Proceeding – Review of, by Supervisory Writ
State ex rel Unnamed Persons v. State, 2003 WI 30
For Unnamed Persons: Franklyn M. Gimbel, et al.
Issue/Holding:
¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently broad in scope to permit the court of appeals to exercise supervisory jurisdiction over the actions of a judge presiding over a John Doe proceeding.
Sanctions – Summary Reversal of Appeal
Raz v. Brown, 2003 WI 29
Issue/Holding: Because it is no different in effect from dismissal with prejudice, summary reversal is a “drastic sanction” triggering the test under State v. Smythe, 225 Wis. 2d 456, 592 N.W.2d 628 (1999) and § 809.83(2), and may not be imposed “without finding egregious conduct, bad faith, or a litigant’s abandonment of the appeal.” ¶¶3,
Supreme Court Remand to Court of Appeals for Consideration of Issues not Raised in Supreme Court
State ex rel. Leslie Schatz v. McCaughtry, 2003 WI 80, reversing 2002 WI App 167, 256 Wis. 2d 770, 650 N.W.2d 67
For Schatz: T. Christopher Kelly
Issue/Holding: Where the court of appeals granted relief on one issue without reaching others raised by the appellant and the supreme court reverses that grant of relief, the case is remanded to the court of appeals for determination of the remaining issues (which were not briefed or otherwise argued in the supreme court).
Resentencing — after grant of partial relief
State v. William J. Church (II), 2003 WI 74, reversing 2002 WI App 212, 257 Wis. 2d 442, 650 N.W.2d 873; earlier history: State v. William J. Church, 223 Wis.2d 641, 589 N.W.2d 638 (Ct. App. 1998), petition for review dismissed as improvidently granted, 2000 WI 90
For Church: James L. Fullin, SPD, Madison Appellate
Issue: Whether resentencing is required on all remaining,
Writs – Supervisory – John Doe Proceeding, Review of
State ex rel Unnamed Persons v. State, 2003 WI 30
For Unnamed Persons: Franklyn M. Gimbel, et al.
Issue/Holding:
¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently broad in scope to permit the court of appeals to exercise supervisory jurisdiction over the actions of a judge presiding over a John Doe proceeding.
Counsel – Ineffective Assistance – Deficient Performance – Conceding Guilt on One of Multiple Counts
State v. Gary L. Gordon, 2003 WI 69, reversing 2002 WI App 53, 250 Wis. 2d 702, 641 N.W.2d 183
For Gordon: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding:
¶24. The court of appeals held that the defense attorney’s closing argument concession on the disorderly conduct while armed count was the functional equivalent of a guilty plea, improper if done without Gordon’s consent,