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SCOW will address confusion created by Starks

State ex rel. Milton Eugene Warren v. Michael Meisner, 2019AP567-W, petition for review granted 10/16/19; case activity

Issue (composed by On Point based on the petition for review)

Whether under State v. Starks, 2013 WI 69, Warren’s § 974.06 postconviction motion alleging ineffective assistance of counsel by the lawyer appointed on direct appeal should be heard in the circuit court or the Court of Appeals.

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State v. Courtney C. Brown, 2019 WI App 34, petition for review granted 10/15/19; case activity (including links to briefs)

Issues (petition for review)

Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose?

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Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity

Issues:

  1.  Whether the mootness doctrine should apply to an appeal from a commitment order?

  2. Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is deaf, sign language interpreters?

  3. Whether the circuit court erred in entering a §51.67 conversion order (a) at the probable cause stage of a Chapter 51 commitment and (b) without making any of the statutorily-required findings for the order?

  4. What is the mechanism for appealing a §51.67 order?

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State v. Richard H. Harrison Jr., 2017AP2440 & 2441-CR, cross-petitions for review granted 8/14/19; case activity

We posted about the unpublished court of appeals decision; the basic scenario is that Mr. Harrison served his initial confinement on a couple of concurrent sentences, then began serving the initial confinement portion of some sentences that had been imposed consecutive to that first set of sentences. But, about three years into those later sentences, they were vacated. So what happens to the three years Harrison was in prison on sentences that no longer exist? Do they count toward satisfying the extended supervision of his still-extant, earlier-imposed sentences? Read more

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Winnebago County v. C.S., 2016AP1982, petition for review of a published court of appeals opinion granted 8/15/19; case activity

Issue:

Does Wis. Stat. §51.61(1)(g) violate substantive due process because it does not require a finding of dangerousness to involuntarily medicate a prisoner?

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Timothy W. Miller v. Angela L. Carroll, petition to review a published court of appeals decision granted 8/14/19; case activity (including briefs)

Issues (based on Carroll’s Petition for Review)

  1. Does a judge’s acceptance of one party’s Facebook “friend” request by itself overcome the presumption that a judge is fair, impartial, and capable of ignoring any biasing influences, given the absence of any allegation of subjective bias or of facts showing the judge treated the other party unfairly, and when there were no electronic social media (“ESM”) communications between the judge and the party regarding the merits of the case?
  2. Does the fact a party “liked” a judge’s Facebook posts unrelated to the pending litigation or commented on a Facebook post unrelated to the pending litigation constitute an ex parte communication between a party and a judge?

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Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity

Issue: 

A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a matter of law, did the circuit err by concluding that the county, under these circumstances, met its burden to prove by clear and convincing evidence that David is dangerous?

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State v. Kelly James Kloss, 2018AP651-CR, petition and cross petition for review of a published court of appeals decision, both granted 6/11/19; case activity (including briefs)

Issues:

Is solicitation of first degree reckless injury a crime under Wisconsin law?

Is solicitation of first degree recklessly endangering safety a lesser included offense of first degree reckless injury, making conviction for both offenses multiplicitous in this case?

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