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A. Construction

court of appeals certification review granted 1/15/13; case activity Issues Certified: In Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010), the United States Supreme Court held that, even if a defendant has invoked his or her right to counsel, law enforcement may give the Miranda[2] warnings again so long as the defendant has been released from custody… Read More

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State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally  Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is:  (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with… Read More

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State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions  Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read More

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State v. Douglas Meier Williams, 2012 WI 59, on review of court of appeals certification request; for Williams:  Stephen P. Hurley, Dean A. Strang, Marcus J. Berghahn, Jonas B. Bednarek; case activity Wis. Stat. § 757.69(1)(b), giving circuit court commissioners authority to issue search warrants, is constitutional. ¶3   Throughout Wisconsin’s history, including before the ratification of the Wisconsin Constitution, non-judges have been… Read More

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court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Alexander: Hans P. Koesser; case activity Juror Selection / Dismissal – Right to Personal Presence  A defendant has a non-waivable right to personal presence at voir dire, ¶6 (citing, § 971.04(1)(c); and, State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct… Read More

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State v. Devin W. Felix, 2012 WI 36, reversing unpublished decision; for Felix: Leonard D. Kachinsky; case activity Under Payton v. New York, 445 U.S. 573 (1980), warrantless arrest following nonconsensual entry of a home is illegal unless supported by probable cause and exigent circumstances. However, New York v. Harris, 495 U.S. 14 (1990) deems non-suppressible as a matter… Read More

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State v. Daniel E. Krueger, 2011AP571-CR, District 3, 8/2/11  court of appeals decision (1-judge, not for publication); for Krueger: Ana Lyn Babcock; case activity Prosecutorial failure to disclose a police report containing his statements that “were incriminating and any reasonable prosecutor would have planned on using them at trial” violated Krueger’s right to discovery, ¶23, citing State… Read More

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certification; for Williams: Jonas B. Bednarek; case activity; review granted, 8/31/11 Search Warrants: Court Commissioner Authority to Issue We certify this appeal to the Wisconsin Supreme Court to decide whether court commissioners have the power to issue search warrants.  Although Wis. Stat. § 757.69(1)(b)[1] appears to grant that power to court commissioners, appellant Williams argues that the legislature may not… Read More

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