On Point

State v. Cornelius R. Reed, 2002 WI App 209, PFR filed 7/16/02
For Reed: Stephanie G. Rapkin
Issue/Holding: The trial court has discretion to deny a defense request that a witness be allowed to testify in street rather than jail clothes. That discretion was properly exercised here: allowing the witnesses to change in bullpens would have created a security risk, ¶8; in contradistinction to a defendant,

State v. Edward Terrell Jennings, 2002 WI 44, on certification
For Jennings: Margaret A. Maroney, SPD, Madison Appellate

Issue: Whether the police may continue to interrogate a suspect who has ambiguously asserted rights, — in this instance, “I think maybe I need to talk to a lawyer.”

Holding:

¶36. Applying Davis, we conclude that Jennings’ statement to Detective Kreitzmann, “I think maybe I need to talk to a lawyer,”

State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision
(Affirmed on habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005))
For Laxton: Margaret A. Maroney, SPD, Madison Appellate

Issue: Whether ch. 980 is unconstitutional by failing to adequately narrow the class of commitment subjects to those with serious difficulty controlling dangerous 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State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision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 controlling behavior.

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 an earlier letter in which the court set forth its inclination to rule against the state.

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 to dismiss an appeal when an appellant notifies the court of voluntary dismissal of the appeal pursuant to Wis.

State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion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 order by merely talking to his or her witnesses.

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.

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, but is not required to, certify the case to us pursuant to Wis.

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 court spells out and won’t be repeated here).