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2001-02 Term

State v. Dennis H., 2002 WI 104, on certification For Dennis H.: Ellen Henak, SPD Milwaukee Appellate Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional. Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the… Read More

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Dunn County v. Judy K., 2002 WI 87, on certification Issue: Whether a county is required to find an fund an appropriate placement under § 55.06(9)(a). Holding: ¶28. We therefore determine that in protective placements pursuant to § 55.06(9)(a), counties must make an affirmative showing of a good faith, reasonable effort to find an appropriate placement and to secure… Read More

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State v. Ronald G. Sorenson, 2002 WI 78, affirming as modified, 2001 WI App 251, 248 Wis. 2d 237, 635 N.W.2d 787 For Sorenson: T. Christopher Kelly Issue: Whether, given the constitutional protections afforded Ch. 980 respondents, issue preclusion applies so as to prevent Sorenson from attacking the reliability of his qualifying conviction with evidence… Read More

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State v. Adam S. Gonzales, 2002 WI 59, on certification For Gonzales: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether an amendment to the Wisconsin constitution takes effect upon vote of the electors, or only when the chair of the Elections Board certifies the statewide canvass of votes. Holding: The legislature has authority under Article… Read More

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State v. Anthony J. Leitner, 2002 WI 77, affirming 2001 WI App 172, 247 Wis. 2d 195, 633 N.W.2d 207 For Leitner: Jefren Olsen, SPD, Madison Appellate Issue: Whether the sentencing court erred in considering the facts of convictions expunged under § 973.015. Holding: ¶46. If information about the underlying facts of an expunged conviction come from a source other… Read More

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State v. Carroll D. Watkins, 2002 WI 101, affirming as modified 2001 WI App 103, 244 Wis. 2d 205, 628 N.W.2d 419 For Watkins: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Accident has long-existed as a defense that “excuses” homicide, and therefore is incorporated in § 939.45(6) as a privilege “for any other reason.” ¶37. It is… Read More

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State v. Tony Nollie, 2002 WI 4, on certification For Nollie: Erich Straub Issue: Whether defendant was entitled to assert the privilege of self-defense to the charge of carrying concealed weapon. Holding: ¶24. To argue self-defense, Nollie’s offer of proof must indicate that he had an actual and reasonable belief of actual or imminent unlawful… Read More

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State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be… Read More

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