On Point

This week’s edition of SCOWstats focuses on judicial activism as seen in the justices’ votes on petitions for original actions. Typically it is conservative justices who call liberal justices “judicial activists.” SCOWstats’s analysis of original action petitions filed in 2020-2021 suggests that it is conservative justices who want to dispense with procedure in order to make law. But for the grace of Justice Hagedorn, they might have succeeded in several important cases.

And for something a little different, here’s a story about a naked lawyer in Florida.

On review of a court of appeals certification; affirmed 5/23/23; case activity (including briefs);

Issue:

Whether Wis. Stat. § 301.45(5)(b)1, which mandates lifetime sex-offender registration where a person has been convicted of a sex offense “on 2 or more separate occasions,” applies when a person’s only eligible convictions are entered on multiple guilty pleas in the same case.

State v. Christina Marie Wiederin, case activity (including briefs)

Wiederin was a driver in a fatal head-on collision. She was seriously injured in the crash and was trapped inside the car for nearly an hour afterward; she was then taken by ambulance to a hospital in Minnesota, where she would undergo medical imaging followed by surgery. The court of appeals now affirms the trial court’s conclusion that the circumstances of the crash, transportation and treatment presented an exigency such that the sheriff’s sergeant who drew her blood could reasonably conclude seeking a warrant would risk losing evidence, and that the draw was thus valid under Missouri v. McNeely, 569 U.S. 141, 149 (2013).

State v. Christopher W. Yakich, 2022 WI 8, 2/16/22, affirming an unpublished court of appeals decision; case activity (including briefs)

When a defendant is found not guilty by reason of mental disease or defect (NGI) for more than one offense, the commitments for the offenses may be ordered to run consecutively.

State v. Jere J. Meddaugh, 2022 WI App 12; case activity (including briefs)

Wearing black clothing and riding a bicycle across publicly accessible school grounds in the middle of the night while a Safer at Home order is in effect does not constitute reasonable suspicion that a crime is being committed. So says the court of appeals in a decision that is recommended for publication.

Wisconsin Justice Initiative v. Wisconsin Elections Commission, 2020AP2003, certification granted 2/17/22; case activity

In 2020, Wisconsin voters ratified Marsy’s law, a proposed amendment to the Wisconsin Constitution, which significantly expanded the rights of crime victims often at the expense of defendants’ rights. The Dane County Circuit Court declared the law invalid due to defects in the ballot question presented to voters.  The Wisconsin Election Commission appealed. On certification by the court of appeals,

Taylor County Human Services v. L.E., 2021AP1292, 2/15/22, District 3, (1-judge opinion, ineligible for publication); case activity

A circuit court extended “Luca’s” commitment, directed that he be placed in a locked ward, and ordered involuntary medication. On appeal, Luca challenges his placement in a locked ward and the involuntary medication order. At a minimum, the court of appeals analysis of Luca’s right to refuse involuntary medication merits review by SCOW.

State v. A.G., 2021AP1476, 2/15/22, District 1 (1-judge opinion; ineligible for publication); case activity

Wonders never cease. Parents virtually never win TPR appeals no matter how strong their arguments are. Yet here A.G. wins an evidentiary hearing on not one but two claims that his “no contest” plea was not knowing, intelligent and voluntary.

Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity

This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to reverse. It predicted that this due process violation would never recur, dismissed the appeal as moot, and thus ensured that the due process error can recur.