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’10-11

on bypass petition; for Nordberg: Donald T. Lang, SPD, Madison Appellate; case activity Issue: Whether someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release under § 980.08(4). The court of appeals held, in State v. Rachel, 2010 WI App 60, 324… Read More

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court of appeals decision; for Sellhausen: Byron C. Lichstein; case activity Issues (formulated by On Point): Whether a trial judge has a sua sponte duty to strike a prosepctive juror who is an in-law of the judge. Whether defense counsel’s use of a peremptory strike to remove the judge’s in-law renders harmless any error in the… Read More

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decision below: unpublished; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Issues (formulated by On Point): Whether admission into evidence of electronic monitoring daily summary reports requires expert testimony to lay a foundation as to accuracy and reliability. Whether the daily summary reports fall outside the definition of hearsay because they don’t represent assertions… Read More

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decision below: unpublished; for Buchanan: Tyler William Wickman; case activity Issue (formulated by On Point): Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car. The court relied on the following to show reasonable suspicion to… Read More

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decision below: unpublished; for West: Ellen Henak, SPD. Milwaukee Appellate; case activity Issue (formulated by On Point): Whether, as a matter of statutory construction, due process and equal protection, the burden of proof on a § 980.08(4)(cg) petition for supervised release of a sexually violent release is on the State. A technical issue, but one significant… Read More

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decision below: summary order; for Denson: Donna Odrzywolski;  supreme court news release Issues (from the news release): Should the constitutional right of a criminal defendant not to testify on his behalf and remain silent at trial be recognized as a fundamental right that can only be waived personally by the defendant with an on the record… Read More

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decision below: supervisory writ, not posted on-line Issue (from Table of Cases): Whether a circuit court, pursuant to Wis. Stat. § 120.12(18) (school district has a duty to coordinate and provide continuity of educational programming for pupils receiving education services as the result of a court order under § 938.34(7d)) and § 938.45 (court may take… Read More

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prior post: here; background summary by court: here Issues (from Table of Cases): Whether a pattern jury instruction confused or mislead a jury such that the instructions violated a defendant’s due process rights. Whether a trial court erred in its handling of a jury’s questions during deliberations. Whether particular evidence constituted substantial facts sufficient to… Read More

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