On Point: A. Review Grants

Three Unnamed Petitioners v. Peterson, Nos. 2013AP2504-2508-W; case activity (for 2013AP2504); Two Unnamed Petitioners v. Peterson, No. 2014AP296-OA; case activity; and Schmitz v. Peterson, Nos. 2014AP417-421-W; case activity (for 2014AP417)

The supreme court has granted review in some of the John Doe investigations into coordination of spending by candidate campaigns and independent groups. The long and varied list of issues presented (below the jump) is taken directly from the court’s order, which also includes directions regarding the briefing schedule, word limits, filings under seal, redaction and confidentiality of documents in the record in compliance with any secrecy orders. Chief Justice Abrahamson and Justice Prosser concur in the grants, but write separately (pp. 7-12) to raise various legal and practical questions. Justice Bradley is not participating for reasons given in a letter appended to the order (pp. 15-18).

Review of a published court of appeals decision; case activity: 2013AP1753-CR; 2013AP1754-CR

Issue (composed by On Point)

Does Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act qualify as a prior offense under the repeat drug offender enhancement provision of § 961.41(3g)(c) because the RICO conviction’s predicate acts involved, among other things, controlled substance offenses, thus making the RICO conviction a conviction for a crime “under a statute … relating to controlled substances”?

Review of a published court of appeals decision; case activity

Issue (composed by On Point)

When additional sentence credit is granted after an offender’s parole has been revoked, is the additional credit applied to the offender’s term of reincarceration, or to the remaining period of parole?

Consolidated review of two published court of appeals decisions: State v. Weissinger, 2014 WI App 73 (case activity); and State v. Luedtke, 2014 WI App 79 (case activity)

Issues (composed by On Point)

In light of State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, does the Wisconsin Constitution provide greater due process protection than the federal constitution, such that defendants charged with operating with a detectable amount of a controlled substance in their blood are denied due process under the Wisconsin Constitution when their blood samples are destroyed before the defendants had notice of the charges or test results and thus had no chance to get the blood independently tested?

Does the offense of operating with a detectable amount of controlled substances in the blood violate due process by failing to require the state to prove that the defendant knowingly ingested the controlled substance?

Review of an unpublished court of appeals decision; case activity

Issues (composed from the State’s Petition for Review)

Did the police have probable cause to arrest Dean Blatterman for operating with a prohibited alcohol concentration, where police were aware Blatterman had three prior OWI convictions, and thus had a .02 PAC threshold?

Did the police have a legitimate community caretaker concern when they transported Blatterman ten miles from the site of the traffic stop to a hospital?

On review of an unpublished court of appeals decision; case activity

Issues (composed from the State’s Petition for Review)

In granting Kucharski a new trial on the issue of mental responsiblity under the miscarriage of justice prong of § 752.35, did the court of appeals substitute its judgment for that of the trial court on issues that are within the sole province of the finder of fact, so that the appellate court’s decision conflicts with this court’s decision in State v. Sarinske, 91 Wis. 2d 14, 280 N.W.2d 725 (1979)?

Should a defendant be entitled to a new trial on the affirmative defense of mental disease or defect under the miscarriage of justice prong of § 752.35 where the court of appeals does not find any error or unfairness in the defendant’s trial, but determines there is a substantial probability of a different result on retrial only by substitution its judgment for that of the fact-finder on issues that are the province of the fact-finder alone?

On review of a per curiam unpublished court of appeals decision; case activity

Issue (composed by On Point)

Did the circuit court violate Jesse Herrmann’s due process right to an impartial judge by exhibiting objective bias in sentencing Herrmann?

On review of a published court of appeals decision; case activity

Issue (composed by On Point)

Was Griep’s right to confront the witnesses against him violated by allowing the supervisor of an unavailable lab analyst to testify to his opinion about the defendant’s BAC based entirely on the report prepared by the unavailable analyst?

On review of an unpublished court of appeals decision; case activity

Issue (composed by On Point)

Was there sufficient evidence to establish Michael H. was “dangerous” under § 51.20(1)(a)2.a. or c., based either on his “threats” of suicide or a pattern of acts or omissions showing such impaired judgment that there is a substantial probability of physical impairment or injury?

On review of an unpublished court of appeals decision; case activity

Issue (composed by On Point)

Did the inclusion in the PSI of statements Alexander made to his probation agent, and the trial court’s consideration of the statements at sentencing, violate Alexander’s right against self-incrimination?