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

Categories
'18-19 2. Recommitment 3. Civil Commitments 44. WI Supreme Court A. Ch. 51, Mental health A. Review Grants e. If treatment withdrawn Important Posts Pending in SCOW

SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity Issue:  A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a […]
Source: WI Public Defenders – On Point
SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

Categories
'18-19 1. Principles of 38. Statutes 44. WI Supreme Court A. Review Grants B. Construction b. Legislative acquiescence/response e. Plain text g. Rule of lenity Important Posts

SCOTUS: Illegal gun possession requires defendant’s knowledge of fact that makes it illegal

Rehaif v. United States, USSC No. 17-9560, 2019 WL 2552487, June 21, 2019, reversing 888 F.3d 1138 (11th Cir. 2018); Scotusblog page (includes links to briefs and commentary) Federal law bans certain classes of people from possessing guns, and provides stiff penalties (up to ten years in prison if there are no enhancers) if they […]
Source: WI Public Defenders – On Point
SCOTUS: Illegal gun possession requires defendant’s knowledge of fact that makes it illegal

Categories
'18-19 3. Particular statutes 35. Sentencing 44. WI Supreme Court 9. Fines A. Review Grants D. Type of punishment E. Enhancers Important Posts OWI Pending in SCOW

SCOW will decide how multiple enhancers apply to OWI fines

State v. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs) This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post: Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: […]
Source: WI Public Defenders – On Point
SCOW will decide how multiple enhancers apply to OWI fines

Categories
'18-19 1. Generally 12. Double Jeopardy, 5th Am. 3. Elements 4. Lesser included offenses 44. WI Supreme Court 9. Crimes A. Multiplicity A. Review Grants C. Chs. 939: Inchoate offenses Important Posts Pending in SCOW

SCOW to address whether solicitation of reckless conduct is a crime

State v. Kelly James Kloss, 2018AP651-CR, petition and cross petition for review of a published court of appeals decision, both granted 6/11/19; case activity (including briefs) Issues: Is solicitation of first degree reckless injury a crime under Wisconsin law? Is solicitation of first degree recklessly endangering safety a lesser included offense of first degree reckless […]
Source: WI Public Defenders – On Point
SCOW to address whether solicitation of reckless conduct is a crime

Categories
'18-19 1. Stops, in general 2. Traffic stops 34. Search & Seizure 44. WI Supreme Court A. Review Grants c. Duration G. Reasonable suspicion Important Posts Pending in SCOW

SCOW will decide whether asking a driver about weapons is a permissible part of the “ordinary inquiry” allowed during a traffic stop

State v. John Patrick Wright, 2017AP2006-CR, review of an unpublished court of appeals decision; case activity (including briefs) Issue (from state’s petition for review) Does asking a lawfully stopped motorist whether he is carrying any weapons, in the absence of reasonable suspicion, unlawfully extend a routine traffic stop? Wright was stopped for a defective headlight. […]
Source: WI Public Defenders – On Point
SCOW will decide whether asking a driver about weapons is a permissible part of the “ordinary inquiry” allowed during a traffic stop