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4. Victim’s Rights

State & T.A.J. v. Alan S. Johnson, 2020 WI App 73; case activity (including briefs) This is the first of what will likely be a series of appellate court decisions that re-make criminal litigation in light of “Marsy’s Law,” the recently-passed crime victims’ rights amendment to Article I, § 9m, of the Wisconsin constitution. Johnson… 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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Patrick G. Schilling v. State Crime Victims Rights Board, 2005 WI 17, on certification Issue/Holding: The first sentence of Art. I, § 9m (“dignity” provision) is a statement of purpose, articulating the importance of crime victims’ rights, but is not self-executing. ¶¶13-26. General methodology of interpreting constitutional provision – plain meaning of words; constitutional debates… Read more

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