On Point: B. Opinions

State v. Richard Lavon Deadwiller, 2013 WI 75, affirming a published court of appeals decision; majority opinion by Justice Ziegler; case activity

Witucki, a state crime lab analyst, testified that Richard Deadwiller’s DNA matched a DNA profile derived from semen found on vaginal and cervical swabs collected from two sexual assault victims. (¶¶2, 10). But Witucki did not derive the DNA profile from the semen.

 State v. Tramell Starks,  2013 WI 69, affirming an unpublished court of appeals decision, case activity. Majority opinion by Justice Gableman, with a dissent by Justice Bradley and joined by Chief Justice Abrahamson and Justice Crooks

On Point is pleased to present this guest post by Attorney Rob Henak, an expert on Wis. Stat. § 974.06 postconviction motions and ineffective assistance of appellate counsel.

State v. Andrew M. Edler, 2013 WI 73, on certification of the court of appeals; majority opinion by Justice Crooks; case activity

Maryland v. Shatzer, 559 U.S. 98 (2010), allows police to reinitiate interrogation of a defendant who invoked his right to counsel if the defendant has been released from custody for at least 14 days. The Wisconsin Supreme Court now adopts the Shatzer rule,

State v. Alexander, 2013 WI 70, affirming an unpublished court of appeals decision, 2011AP394-CR; case activity; majority opinion by Justice Gableman; concurrences by Justice Crooks (joined by Chief Justice Abrahmason and Justice Bradley), Justice Ziegler, and separately by Chief Justice Abrahamson.

This decision is alarming.  During Alexander’s 1st-degree intentional homicide trial, concerns surfaced about whether, due to possible bias, 2 different jurors should continue serving on the case.  

Outagamie County v. Melanie L., 2013 WI 67, reversing unpublished court of appeals decision; majority opinion by Justice Prosser; case activity

In an important case for lawyers handling ch. 51 cases, the supreme court concludes there was insufficient evidence to prove a person subject to a commitment order was incompetent to refuse medication. Along the way, the court provides a “detailed interpretation of the statutory language”

Manitowoc County v. Samuel J.H., 2013 WI 68, on certification from court of appeals; majority opinion by Justice Ziegler; case activity

Transfer of a person committed under ch. 51 to a more restrictive setting within an inpatient placement, or from outpatient to inpatient placement, is subject to § 51.35(1). The statute recognizes two different bases for transfer: reasonable medical or clinical judgment;

State v. Melton, 2013 WI 65, reversing published court of appeals decision; case activity; opinion by Justice Prosser; concurrence by Justice Ziegler and joined by Chief Justice Abrahamson and Justice Bradley

Melton pled guilty to 2 felonies, and the court ordered a PSI for sentencing.  Turns out the PSI contained errors (info re uncharged offenses), so the court ordered a 2nd PSI and the destruction of the 1st PSI.  

State v. Julius C. Burton, 2013 WI 61, affirming unpublished court of appeals decision; unanimous opinion by Justice Prosser; case activity

In a case of interest primarily, if not exclusively, to lawyers handling postconviction proceedings in state courts, the supreme court holds Burton’s plea withdrawal motion was insufficient to merit an evidentiary hearing because it failed to allege sufficient facts to support either the ineffective assistance of counsel claim or the claim Burton’s plea was invalid because of a defective plea colloquy.

Dane County v. Sheila W., 2013 WI 63 (per curiam), affirming court of appeals summary disposition; case activity

The supreme court dismisses as moot a case presenting the questions of whether Wisconsin recognizes the “mature minor” doctrine, which permits a minor to give or refuse consent to medical treatment after a finding that she is sufficiently mature and competent to make the treatment decision, and whether a minor has a due process right to refuse medical treatment.

State v. Neumann, 2011AP1044 and 2011AP1105, on certification from the court of appeals; case activity; majority opinion by C.J. Abrahamson.

In a 94-page decision, including a lone dissent by Justice Prosser, the Supreme Court of Wisconsin has affirmed the 2nd degree reckless homicide convictions of Dale and Leilani Neumann for the death of their 11-year old daughter, Kara, who died of diabetic ketoacidosis caused by untreated juvenile onset diabetes mellitus.