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State v. Javien Cajujuan Pegeese, 2017AP741-CR, petition for review of a per curiam opinion granted 1/15/19; case activity (including briefs)

Issue:

Whether the circuit court’s failure to personally insure that the defendant understood each constitutional right waived by his guilty plea entitled him to a Bangert evidentiary hearing to determine whether his plea was knowing, intelligent, and voluntary.

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State v. Peter J. Hanson, 2016AP2058-CR, petition for review of per curiam opinion granted 1/15/19; case activity (including briefs)

Issues (from the petition for review):

Whether the admission of hearsay statements of a defendant’s deceased wife inculpating him in murder violates his right to confrontation?

Whether trial counsel is ineffective in failing to move to suppress inculpatory statements that the defendant made at a John Doe hearing where he was in custody and not properly Mirandized?

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State v. Nelson Garcia, Jr., 2016AP1276-CR, petition for review of an unpublished court of appeals decision granted 12/12/18; case activity (including briefs)

Issues (from the petition for review)

  1. Does the Sixth Amendment right to counsel attach upon the finding of probable cause and setting of bail by a court commissioner?
  2. Was the line-up impermissibly suggestive because it violated the Department of Justice’s Model Policy and Procedure for Eyewitness Identification and the viewing witnesses failed to follow the standard instructions given to them?
  3. Can a trial court at a pre-trial hearing decide that a defendant has waived the right to self-representation because the court believes the defendant will engage in disruptive behavior in front of the jury? If so, does the defendant have a right to redeem himself?

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State v. Tyrus Lee Cooper, 2016AP375, review of a per curiam opinion granted 12/12/2018; case activity (including briefs)

Issues (from the petition for review):

  1. When defendant’s counsel has engaged in serious professional misconduct leading up to the trial date affecting defendant’s meaningful participation in his own defense, does that provide a sufficient reason to withdraw a guilty plea prior to sentencing?
  2. Did the the circuit court erroneously exercise its discretion when it denied defendant’s motion to withdraw his plea prior to sentencing without an evidentiary record to support substantial prejudice to the State?

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State v. Raytrell K. Fitzgerald, 2018AP1296-CR, petition for bypass granted 12/12/18; case activity (including briefs)

Issues:

Whether the involuntary medication provisions of Wis. Stat. §971.14 are unconstitutional because they do not comport with Sell v. United States, 539 U.S. 166 (2003)?

Whether the circuit court’s Order of Commitment for Involuntary Treatment violated Fitzgerald’s constitutional right to substantive and procedural due process?

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State v. Emmanuel Earl Trammell, 2017AP1202-CR, petition for review of per curiam opinion granted 11/13/18; case activity (including briefs)

Issues (from the petition for review):

1.   Is this Court’s holding in Avila–that it is “not reasonably likely” that the standard JI-140 reduces the State’s burden of proof–good law; or should it be overruled by the Court on the grounds that it is rebutted by empirical evidence?

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State v. John Patrick Wright, 2017AP2006-CR, review of an unpublished court of appeals decision; case activity (including briefs)

Issue (from state’s petition for review)

Does asking a lawfully stopped motorist whether he is carrying any weapons, in the absence of reasonable suspicion, unlawfully extend a routine traffic stop?

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State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity

Issue:

Was Randall entitled to suppression of the results of a test of a blood sample that she voluntarily gave to police under the implied consent law because she informed the lab that she was withdrawing her consent before the lab had analyzed the blood to determine the presence and quantity of drugs and alcohol?

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