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44. WI Supreme Court

State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs) State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court… Read More

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State v. A.L. , 2019 WI 20, affirming a published court of appeals decision, 2017 WI App 72, case activity This appeal centers on the proper interpretation of §938.30(5)(d) and §938.13 governing juveniles found not competent during a delinquency proceeding. SCOW holds a circuit court may resume suspended juvenile delinquency proceedings to reexamine the competency of… Read More

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Garza v. Idaho, USSC No. 17-1026, reversing Garza v. State, 405 P.3d 576 (Idaho 2017);  Scotusblog page (includes links to briefs and commentary) This case involved two plea agreements that included clauses stating that Garza waived his right to appeal. After sentencing, Garza told his lawyer that he wanted to appeal, but his lawyer refused… Read More

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City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs) Issue (from petition for bypass): City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to… Read More

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State v. Stephan I. Roberson, 2017AP1894-CR, petition for review of per curiam opinion granted 2/12/19; case activity (including briefs) Issue (from the petition for review): Whether a pretrial out-of-court identification using a single photo is a showup and thus inadmissible at trial unless the State proves necessity under the totality of the circumstances? In State… Read More

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State v. Gary Lee Wayerski, 2019 WI 11, affirming and modifying an unpublished court of appeals decision; case activity (including briefs) The supreme court overrules Wisconsin’s longstanding test for deciding whether the state has “suppressed” favorable evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), saying the test is unsupported by and contrary to… Read More

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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… Read More

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State v. Shawn T. Wiskerchen, 2019 WI 1, 1/4/19, affirming an unpublished court of appeals decision, 2016AP1541; case activity (including briefs) This could have turned out worse. The court of appeals, as we noted in our post on that court’s decision, held that Wiskerchen, convicted of a single burglary of a home, could be made to… Read More

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