On Point: '19-20

State v. David Gutierrez, 2017AP2364-CR, petition for review of a published court of appeals decision granted 11/13/19; case activity (including briefs)

Issue (based on the State’s Petition for Review):

1. Did the court of appeals violate the standard of appellate review of trial court evidentiary rulings by holding the trial court erred in deciding to exclude evidence offered by the defendant that DNA from other men was found on the clothing of the complainant in a child sexual assault prosecution?

2. Did the court of appeals improperly apply Wis. Stat. § 972.11(2)(b), Wisconsin’s rape shield law, when it held the defendant was not offering the DNA evidence as evidence concerning the victim’s prior sexual conduct?

State ex rel. Milton Eugene Warren v. Michael Meisner, 2019AP567-W, petition for review granted 10/16/19; reversed and remanded 6/10/20; case activity

Issue (composed by On Point based on the petition for review)

Whether under State v. Starks, 2013 WI 69, Warren’s § 974.06 postconviction motion alleging ineffective assistance of counsel by the lawyer appointed on direct appeal should be heard in the circuit court or the Court of Appeals.

State v. Courtney C. Brown, 2019 WI App 34, petition for review granted 10/15/19; case activity (including links to briefs)

Issues (petition for review)

Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose?

State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs)

Issues:

1. Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning?

2. Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a statement and she responded: “No. I don’t know nothing.”

Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity

Issues:

1.  Whether the mootness doctrine should apply to an appeal from a commitment order?

2. Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is deaf, sign language interpreters?

3. Whether the circuit court erred in entering a §51.67 conversion order (a) at the probable cause stage of a Chapter 51 commitment and (b) without making any of the statutorily-required findings for the order?

4. What is the mechanism for appealing a §51.67 order?

State v. Richard H. Harrison Jr., 2017AP2440 & 2441-CR, cross-petitions for review granted 8/14/19; case activity

We posted about the unpublished court of appeals decision; the basic scenario is that Mr. Harrison served his initial confinement on a couple of concurrent sentences, then began serving the initial confinement portion of some sentences that had been imposed consecutive to that first set of sentences. But, about three years into those later sentences, they were vacated. So what happens to the three years Harrison was in prison on sentences that no longer exist? Do they count toward satisfying the extended supervision of his still-extant, earlier-imposed sentences?