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A. Certification requests

State v. Courtney C. Brown, 2017AP774-CR, District 2, 11/21/18; case activity (including briefs) Issue: [A]fter a ticket has been written but before delivery [of the ticket to the motorist], and in the absence of reasonable suspicion, does asking a lawfully stopped motorist to exit the car, whether he or she possesses anything of concern, and… Read More

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State v. Joseph B. Reinwand, 2017AP850-CR, District 4, 7/26/18, certification granted 9/4/2018, affirmed 2019 WI 25; case activity (including briefs) Issues: We certify this appeal to the Wisconsin Supreme Court to decide a question involving the “forfeiture by wrongdoing” doctrine. Under this doctrine, testimonial statements, which would otherwise be barred under the Confrontation Clause of the Sixth Amendment if… Read More

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State v. Curtis L. Walker & State v. Omer Ninham, 2016AP1058 & 2016AP2098, Districts I & III, 3/6/18; case activity (including briefs): Walker; Ninham Issue: We certify these appeals to determine whether Wisconsin case law regarding life sentences without parole for juvenile murderers comports with recent pronouncements from the United States Supreme Court, and whether the sentencing courts… Read More

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State v. Arthur Allen Freiboth, 2015AP2535-CR, District IV, 2/26/18; case activity (including briefs) Issue: …[W]e certify the present appeal to the Wisconsin Supreme Court to decide whether a defendant who was not advised at the time of the plea that he or she faced multiple mandatory DNA surcharges has grounds for plea withdrawal. Sound familiar… Read More

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State v. Michael L. Cox, 2016AP1745-CR, District 2, 8/29/17, certification granted 10/17/17, affirmed, 2018 WI 67; case activity (including briefs) Issue certified This case raises a single question: whether a sentencing court retains any discretion under Wis. Stat. § 973.046 (2015-16), to waive DNA surcharges for crimes committed after January 1, 2014. Another day, another DNA surcharge… Read More

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State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 6/28/17, certification granted 9/12/17, appeal voluntarily dismissed 2/22/18; case activity (including briefs) Issue: In determining whether the imposition of multiple DNA surcharges constitutes “potential punishment” under WIS. STAT. § 971.08(1)(a) so that a court must advise a defendant about the surcharges before a valid plea may be taken, is the “intent-effects”… Read More

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State v. Gerald P. Mitchell, 2015AP304-CR; District 2, 5/17/17, certification granted 9/11/17; case activity (including briefs) Issue:  Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment. If this issue sounds familiar that is because the court of… Read More

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State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 11/9/16; certification refused 1/9/17; case activity (including briefs) Issue: Does the imposition of multiple DNA surcharges constitute “potential punishment” under WIS. STAT. § 971.08(1)(a) such that a court’s failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that… Read More

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