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A. Construction

State v. Christopher John Kerr, 2018 WI 87, 7/6/18, reversing a circuit court order on bypass of the court of appeals; case activity (including briefs) Wisconsin has recognized 2 grounds for applying the exclusionary rule to suppress evidence–to deter police misconduct and to ensure judicial integrity.  State v. Hess, 2010 WI 82, ¶¶20, 33, 327… Read More

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Honorable William Gabler v. Crime Victims Rights Board, 2017 WI 67, 6/27/2017, affirming circuit court on bypass; case activity (including briefs) The legislature created the Crime Victims Rights Board and tasked it with, among other things, issuing “private and public reprimands of public officials” who violate victims’ rights as defined by our state Constitution and… Read More

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On bypass;  case activity (including briefs) Issue (derived from court of appeals’ briefs): Whether the Crime Victims Rights Board’s power to remedy a violation of a victim’s right to the speedy disposition of a criminal case can be applied to judges without violating the separation of powers doctrine. This case reached SCOW via a bypass petition… Read More

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State v. Mastella L. Jackson, 2016 WI 56, 7/1/16, affirming a published decision of the court of appeals, 2015 WI App 49, 363 Wis. 2d 553, 866 N.W.2d 768; case activity (including briefs) Despite the “flagrant” and “reprehensible” violations of Jackson’s Fifth Amendment rights by police, the supreme court holds that physical evidence seized based in… Read More

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State v. Mastella L. Jackson, 2015 WI App 49, petition for review granted, 10/8/15, affirmed, 2016 WI 56; click here for briefs This decision is SCOW bait. Police in Outagamie County engaged in what the court of appeals called “reprehensible” actions while interrogating the defendant. “Outraged” the circuit court suppressed the defendant’s statements to police and… Read More

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State v. Philip B. Caminiti, 2013AP730-CR, District 4, 3/20/14; court of appeals decision (not recommended for publication); case activity The prosecution of Caminiti for conspiracy to commit child abuse, §§ 939.31 and 948.03(2)(b), based on his instructions to his congregants to use a rod to discipline their children did not violate his First Amendment rights to advocacy or… Read More

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On review of certification request; case activity Invocation of the right to counsel Issues (Composed by On Point) 1. Does the Wisconsin Constitution provide more protection than Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010) (holding that, even if a defendant has invoked his or her right to counsel, law enforcement may give… Read More

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on review of unpublished decision; case activity Issues (composed by On Point)  1. Whether the non-waivable nature of the defendant’s right to personal presence at voir dire, citing, § 971.04(1)(c); State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. App. 1999), extends to examination of a juror for possible dismissal following selection and swearing-in. 2. Whether the trial court properly dismissed… Read More

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