On Point: A. Review Grants

State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, petition for review of an unpublished decision of the court of appeals granted 6/16/21; case activity (including briefs)

Issue Presented (from the PFR):

When a defendant has been found not guilty by reason of mental disease or defect in two separate cases and is subject to two separate commitment orders, does the circuit court have authority to run the terms of commitment consecutive to one another?

State v. Joseph G. Green, 2020AP298-CR, petition for review granted 6/16/21, case activity (including briefs)

Issue (from the State’s petition):

Does a circuit court have authority to order tolling of the 12-month statutory time limit for bringing an incompetent criminal defendant to trial competency?

State v. Nhia Lee, 2019AP221-CR, petition for review granted 5/19/21; case activity (including briefs)

Issues:

Whether a circuit court is required to appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance?

Whether Lee’s rights to due process, to counsel, and to a speedy trial were violated by his protracted pretrial confinement as he waited for the State Public Defender to find counsel for him.

State v. Teresa L. Clark, 2020AP1058-CR, bypass granted 4/27/21; case activity

Issue: (adapted from State’s COA brief):

When the State uses a prior OWI conviction to enhance the charge and sentence for a subsequent OWI offense, a defendant may collaterally attack the prior conviction. If the defendant proves that her right to counsel was violated in the prior case, the conviction may not be used to enhance the charge and sentence in the new case. Does the burden shift to the State when there is no transcript available to show that the circuit court violated the defendant’s right to counsel?

State v. Avant Rondell Nimmer, 2020AP878-CR, petition for review granted 3/24/21; case activity (including links to briefs and PFR)

Issue presented (composed by On Point):

Did police responding to a ShotSpotter alert of shots fired have reasonable suspicion to stop and frisk Nimmer based on his proximity to the address in the alert so close to the alert and Nimmer’s response to the officer’s arrival on the scene?

State & T.A.J. v. Alan S. Johnson, 2019AP664-CR, petition for review of a published court of appeals decision granted 2/26/21; case activity (including briefs)

Issues presented (from Johnson’s PFR)

Does an alleged victim in a criminal case have standing under the 2020 crime victims’ rights constitutional amendment to submit legal arguments in opposition to the defendant’s motion for in camera review pursuant to the Shiffra/Green line of cases?

Did the 2020 constitutional amendment apply retroactively to a case that was commenced before the amendment was ratified?

Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity

Issues for review:

1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed his notice of appeal.

2. Whether the county failed to meet its burden of proving dangerousness by clear and convincing evidence.

3. Whether S.A.M. was denied procedural due process because the county failed to provide particularized notice of the basis for his recommitment. including which standard of dangerousness was being alleged.

4.  Whether this court has the authority, through its “superintending and administrative authority over all courts” (Wis. Const. art. VII, § 3(1)) and/or its authority to “regulate pleading, practice, and procedure in judicial proceedings in all courts” (Wis. Stat. § 751.12(1)), to require the court of appeals to expedite the disposition of appeals under Wis. Stat. ch. 51, or in some other manner to ensure that appellants under Wis. Stat. ch. 51 receive an appeal that addresses the merits of the appellants’ contentions?*

Waukesha County v. E.J.W., 2020AP370, petition for review granted 2/26/21, reversed, 2021 WI 85; case activity

Issue for review:

Section 51.20(11) provides that the subject of a commitment proceeding must demand a jury trial 48 hours in advance of the time set for the final hearing. When the court adjourns the hearing for good cause to appoint new counsel, does that reset the 48 hours for demanding a jury trial?

State v. Ryan Hugh Mulhern, 2019AP1565-CR, petition to review granted 1/20/21; reversed 6/21/22; case activity (including PFR and briefs)

Issue presented (from the state’s PFR)

Does § 972.11(2)(b), the “rape shield” statute, bar relevant evidence of the complainant’s lack of sexual conduct when the state offers the evidence to corroborate the complainant’s allegation of sexual assault and the evidence is not prejudicial to the complainant or the defendant and causes none of the harms the rape shield law is intended to protect against?

State v. Manuel Garcia, 2018AP2319-CR, petition for review granted 1/20/21; case activity

Issue for review: (adapted from the State’s PFR  and the COA’s opinion):

Whether the State may invoke the impeachment exception to the exclusionary rule during its case-in-chief and thereby use a defendant’s statement, taken in violation of Miranda, to rehabilitate one of its witnesses?