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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Petition for Review Deadline – Prison Mailbox Rule, Retroactivity
State ex rel Norman O. Brown v. Bradley, 2003 WI 14, on original petition for writ of habeas corpus For Brown: Greg J. Carman Issue/Holding: ¶1. The Petitioner, Norman O. Brown, seeks reinstatement of his petition for review which was previously dismissed as untimely filed. Brown contends that this court should apply retroactively the tolling […]
Waiver of Argument: Failure to Develop Argument on Appeal
State v. John Norman, 2003 WI 72, affirming unpublished decision of court of appeals For Norman: Angela Kachelski Issue/Holding: Norman’s failure on appeal to develop an argument analytically necessary to the issue he raises waives his right to have that issue reviewed. ¶64.
Appellate Procedure – Harmless Error – Confidential Informant, Failure to Disclose § 905.10(3)(b)
State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: Trial court failure to order disclosure of an informant is subject to harmless error analysis. The state, as beneficiary of the error, bears the burden of proving beyond reasonable doubt that the error didn’t contribute to the […]
Resentencing — Increase in Original Sentence After Appellate Relief
State v. William J. Church (II), 2003 WI 74, reversing 2002 WI App 212, 257 Wis. 2d 442, 650 N.W.2d 873; earlier history: State v. William J. Church, 223 Wis.2d 641, 589 N.W.2d 638 (Ct. App. 1998), petition for review dismissed as improvidently granted, 2000 WI 90 For Church: James L. Fullin, SPD, Madison Appellate Issue: Whether an increase in sentence […]
SVP: Equal Protection – Confidentiality, Contrasted with Ch. 51
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81 For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶33. Although persons committed under chapter 980 are similarly situated to those committed under chapter 51, there is a rational basis for the legislature’s distinction with […]
SVP Commitments – Jurisdiction – Qualifying Conviction for Act Committed by Native American on Reservation
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264; habeas relief denied, Steven J. Burgess v. Watters, 467 F.3d 676 (7th Cir 2006) For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue: Whether ch. 980 jurisdiction attaches to Native Americans who: are members of a tribe, residents of the tribe’s reservation, […]
SVP – Pretrial – Petition Filed by DA without Prior DOC Request or DOJ Action
State v. Harris D. Byers, 2003 WI 86, reversing unpublished opinion of court of appeals For Byers: Jack E. Schairer & Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶26. A review of the placement of the provisions, together with the legislative history, reflects an intent to create a step-by-step process that must be followed before […]
SVP – Sufficiency of Evidence – Actuarial Instruments
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81 For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶25. Burgess challenges his commitment based on the use of actuarial instruments in his chapter 980 commitment proceeding because they did not take into account his […]
SVP – Sufficiency of Evidence – Difficulty Controlling Behavior
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81 For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the evidence was sufficient, where the state’s expert conceded that respondent could conform his conduct to requirements of the law. Holding: ¶29. Nevertheless, Burgess claims […]
SVP- Postdisposition – Re-examination time limit – Initial Re-exam
State ex rel. William E. Marberry v. Macht, 2003 WI 79, reversing 2002 WI App 133, 254 Wis. 2d 690, 648 N.W.2d 522; prior history omitted For Marberry: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶19. As we have noted, Chapter 980 is a civil commitment statute with dual objectives: protection of the public and treatment of […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.