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2011-12 Term

Supreme Court Justice Recusal

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 104 (Justice Gableman);  case activity; companion decisions: 2012 WI 103; 2012 WI 69, 2012 WI 43 ¶1   On May 8, 2012, I received a letter from Kevin P. Reak, counsel for Justice David T. Prosser, Jr., filed with the court, requesting that I recuse myself from… Read More

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Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 103 (Justice Ziegler);  case activity; companion decisions: 2012 WI 69, 2012 WI 43 Justice Ziegler, like Justice Roggensack and unlike Justice Crooks, recuses herself from a pending judicial complaint against Justice Prosser. ¶2   The highly unusual issue each justice is called upon to decide… Read More

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State v. Michael L. Frey, 2012 WI 99, affirming unpublished decision; case activity Sentencing Discretion – Reliance on Dismissed Charge  The sentencing court may consider charges “dismissed” or “dismissed outright” (as opposed to read-ins) ¶47  To discharge its obligation to discern a defendant’s character, “[a] sentencing court may consider uncharged and unproven offenses,” State v. Leitner, 2002 WI 77, ¶45, 253… Read More

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State v. David W. Stevens, 2012 WI 97, affirming unpublished decision; case activity Miranda-Edwards Rule – Invocation of Counsel, Initiation of Contact by Suspect Where an in-custody suspect invokes his right to counsel and interrogation immediately ceases, but the suspect himself then initiates a request to continue the interrogation, the police may proceed with questioning if fresh Miranda warnings are given and validly waived. Edwards v… Read More

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State v. Randy L. Martin, 2012 WI 96, reversing unpublished decision; case activity Miranda – “Custodial Interrogation”   Martin was arrested for disorderly conduct and handcuffed at the scene of an otherwise unrelated incident (¶6, id. n. 6). Search of his car yielded a gun. When an officer asked him, Martin denied ownership. The officer then prepared to arrest Henry… Read More

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State v. Joseph J. Spaeth, 2012 WI 95, on certification; case activity Probationer’s statement, compelled by rules of his supervision, is covered by derivative as well as use immunity in a criminal prosecution. ¶3   We hold that the statement that Spaeth made to Oshkosh police was derived from the compelled, incriminating, testimonial statement that he made to his… Read More

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State v. Jon Anthony Soto, 2012 WI 93, on certification; case activity A guilty plea defendant has a statutory right under § 971.04(1)(g) to be present in court when the plea is accepted and judgment pronounced, but the right may be waived (as distinguished from forfeited), as it was here. ¶2   We conclude that Wis. Stat. § 971.04(1)(g) provides a criminal defendant the statutory… Read More

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State v. Abraham C. Negrete, 2012 WI 92, affirming summary order; case activity Negrete’s motion to withdraw his 1992 guilty plea, on the ground that he wasn’t personally advised of deportation consequences, § 971.08(2), was denied by the circuit court without a hearing. The court upholds that result: ¶2   In support of his motion, Negrete stated in an affidavit that… Read More

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