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c. Constitutional issues

Rodney Class v. United States, USSC No. 16-424, 2018 WL 987347 (February 21, 2018), reversing United States v. Class, (unreported) (D.C. Cir. 2016); Scotusblog page (inlcuding links to briefs and commentary) “The question [in this case] is whether a guilty plea by itself bars a federal criminal defendant from challenging the constitutionality of the statute of conviction… Read More

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State v. Thornon F. Talley, 2015 WI App 4; case activity A person committed as a sexually violent person under ch. 980 does not have a due process right to have the state prove at a discharge hearing that he is still a sexually violent person, so the clear and convincing evidence standard under §… Read More

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Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman) The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under… Read More

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State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶15      The State first argues that Champlain has waived the armband issue. The State contends that Champlain cannot not be heard to complain about the jury seeing the armband device when he himself… Read More

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State v. Scott R. Nelson, 2007 WI App 2, PFR filed 1/22/07 For Nelson: Joseph L. Sommers Issue/Holding: ¶7 n. 3: Because Nelson is making facial challenges to the constitutionality of chapter 980, the State’s assertion that Nelson has waived his constitutional arguments lacks merit. See State v. Bush, 2005 WI 103, ¶19, 283 Wis… Read More

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 State v. Lionel N. Anderson, 2006 WI 77, reversing 2005 WI App 238 For Anderson: Harry R. Hertel Issue/Holding: ¶36      The parties agree with the court of appeals that the circuit court’s communications with the jury outside the presence of the defendant is error, violating the defendant’s constitutional and statutory right to be present.  We… Read More

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State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue: Whether a motion to disqualify a prosecutor because of representation of defendant in a prior case, brought immediately before jury selection, may be deemed waived on timeliness grounds. Holding: ¶24        We conclude the circuit court may, in the proper exercise of… Read More

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State v. Thomas H. Bush (III), 2005 WI 103, reversing in part and affirming on the merits, 2004 WI App 193 For Bush: Robert G. LeBell Issue/Holding: Although an “as applied” challenge to a statute may be waived, a facial challenge, in contradistinction, is not waivable, ¶17: ¶18 This rule is also entirely consistent with… Read More

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