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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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SVP – Trial – Jury Instructions – Serious Difficulty Controlling Behavior
State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision (Affirmed on other grounds, habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005)) For Laxton: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the jury instructions adequately conveyed the requirement of mental disorder causing serious difficulty in […]
Interlocutory Appeal – Timeliness
State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, State v. Polashek, 2001 WI App 130, 246 Wis. 2d For Polashek: Nila Jean Robinson Issue: Whether the state’s petition for leave to appeal a non-final order was timely, where the order was issued “nunc pro tunc” in reference to […]
Voluntary Dismissal, § 809.18 — Timing
State v. Joeval M. Jones, 2002 WI 53, ordering withdrawal of opinion in State v. Jones, 2002 WI App 29, 250 Wis. 2d 77, 640 N.W.2d 151 For Jones: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: Under State v. Lee, 197 Wis. 2d 959, 542 N.W.2d 143 (1996), “the court of appeals may not refuse […]
Sequestration — Prosecutor Talking to Witness During Break
State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: ¶40. Green contends that the prosecutor, not the witness, violated the sequestration order by conversing with the witness during trial…. Green has not provided any support for the contention that a prosecutor violates a sequestration […]
Appelate Procedure – Review: Discretion, Undisputed Facts
Calumet County DHS v. Randall H., 2002 WI 126, on certification Issue/Holding: Where “the procedural history” and “the underlying facts” are not in dispute, “a determination of whether the facts meet the applicable legal standard” is reviewed de novo.
Binding Authority – Conflict in Precedential Case Law – U.S. Supreme Court
State v. Edward Terrell Jennings, 2002 WI 44, on certification For Jennings: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶3. We conclude that when confronted with a direct conflict between a decision of this court and a later decision of the United States Supreme Court on a matter of federal law, the court of appeals may, […]
Mental Health Commitment – “Fifth Standard” – Constitutionality
State v. Dennis H., 2002 WI 104, on certification For Dennis H.: Ellen Henak, SPD Milwaukee Appellate Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional. Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the […]
Protective Placement – County’s Obligation to Find and Fund Placement
Dunn County v. Judy K., 2002 WI 87, on certification Issue: Whether a county is required to find an fund an appropriate placement under § 55.06(9)(a). Holding: ¶28. We therefore determine that in protective placements pursuant to § 55.06(9)(a), counties must make an affirmative showing of a good faith, reasonable effort to find an appropriate placement and to secure […]
SVP Commitments – Evidence: Issue Preclusion & Attack on Qualifying Conviction
State v. Ronald G. Sorenson, 2002 WI 78, affirming as modified, 2001 WI App 251, 248 Wis. 2d 237, 635 N.W.2d 787 For Sorenson: T. Christopher Kelly Issue: Whether, given the constitutional protections afforded Ch. 980 respondents, issue preclusion applies so as to prevent Sorenson from attacking the reliability of his qualifying conviction with evidence […]
Wisconsin Constitution – Construction: Effective Date of Amendment to Wisconsin Constitution
State v. Adam S. Gonzales, 2002 WI 59, on certification For Gonzales: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether an amendment to the Wisconsin constitution takes effect upon vote of the electors, or only when the chair of the Elections Board certifies the statewide canvass of votes. Holding: The legislature has authority under Article […]
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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.