Categories
'19-20 1. Types of evidence 15. Evidence 4. Character, 904.04 44. WI Supreme Court A. Review Grants c. "Greater latitude" rule D. Relevance, Ch. 904 f. Failure to ID defendant Important Posts K. Rape shield, 972.11(2) Pending in SCOW

SCOW to review erroneous exclusion of defense DNA evidence

State v. David Gutierrez, 2017AP2364-CR, petition for review of a published court of appeals decision granted 11/13/19; case activity (including briefs) Issue (based on the State’s Petition for Review): 1. Did the court of appeals violate the standard of appellate review of trial court evidentiary rulings by holding the trial court erred in deciding to exclude […]
Source: WI Public Defenders – On Point
SCOW to review erroneous exclusion of defense DNA evidence

Categories
'19-20 2. 809.30, direct appeal 21. Habeas corpus 28. Postconv. Motions 3. Rothering/Knight petitions 4. Procedural requirements 44. WI Supreme Court 5. 974.06, collateral attack A. Review Grants A. State A. Type pf PCM d. Venue Important Posts Pending in SCOW

SCOW will address confusion created by Starks

State ex rel. Milton Eugene Warren v. Michael Meisner, 2019AP567-W, petition for review granted 10/16/19; case activity Issue (composed by On Point based on the petition for review) Whether under State v. Starks, 2013 WI 69, Warren’s § 974.06 postconviction motion alleging ineffective assistance of counsel by the lawyer appointed on direct appeal should be […]
Source: WI Public Defenders – On Point
SCOW will address confusion created by Starks

Categories
'19-20 1. Stops, in general 34. Search & Seizure 44. WI Supreme Court A. Review Grants c. Duration G. Reasonable suspicion Pending in SCOW Uncategorized

SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

State v. Courtney C. Brown, 2017AP774, petition for review granted 10/15/19 case activity (including links to briefs) Issues (petition for review) Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose? As explained in our post on the court of appeals’ decision, an officer stopped Brown’s car, noticed he wasn’t wearing a seat belt, […]
Source: WI Public Defenders – On Point
SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

Categories
'19-20 2. Interrogation 3. Assertion/waiver of rights 44. WI Supreme Court 5. Confessions a. Ambiguous/unequivocal A. In-Custody, 5th Amendment A. Review Grants b. Functional equivalent Important Posts Pending in SCOW

SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a […]
Source: WI Public Defenders – On Point
SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

Categories
'19-20 44. WI Supreme Court A. Review Grants Important Posts Pending in SCOW

SCOW to address mootness, the due process right interpreters, and other Chapter 51 issues

Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity Issues:  Whether the mootness doctrine should apply to an appeal from a commitment order? Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is […]
Source: WI Public Defenders – On Point
SCOW to address mootness, the due process right interpreters, and other Chapter 51 issues