On Point blog, page 30 of 30
State v. Brad Forbush, 2008AP3007-CR, Wis SCt review granted 3/16/10
decision below: 2010 WI App 11; for Forbush: Craig Mastantuono; Rebecca M. Coffee
Issues:
Whether the right to counsel under the Wisconsin Constitution prohibits the state from interrogating a represented individual once the state is aware of the representation
Whether a suspect made an equivocal request for counsel during police questioning, thereby invoking his right to counsel under the Wisconsin Constitution and requiring suppression of his confession at trial
Whether the circuit court’s suppression order should be affirmed without reaching the viability of State v.
State v. Gerard W. Carter, 2008AP3144-CR, Wis SCt review, 3/9/10
decision below: 2009 WI App 156; for Carter: Craig M. Kuhary
Issues:
Do violations of Illinois’ zero tolerance (absolute sobriety) law count as prior offenses for sentence enhancement purposes under Wisconsin’s Operating While Intoxicated (OWI) Law (Wis. Stat. §§ 346.63 and 346.65)?
What methodology are trial courts to employ in determining whether to count out-of-state OWI-related offenses for sentence enhancement purposes under Wis. Stat. § 343.307?