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’11-12

on review of summary order (District 1); for Sutton: Colleen Ball, SPD, Milwaukee Appellate;  case activity No-Merit Appeal Procedure – Remand for Evidentiary Hearing Issues:  1. (Composed by On Point:) Whether § 809.32(1)(g) requires the court of appeals to remand a case to the circuit court for an evidentiary hearing where, during the course of a no-merit proceeding… Read More

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on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity Juvenile Delinquency – Waiver Investigation Hearing Issue (Composed by On Point):  Whether, on petition to waive a juvenile into adult court, the State may give ex parte input to a local agency making the waiver recommendation pursuant to the circuit court’s… Read More

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on review of published decision; for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt:  Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt) SVP – Pre-Commitment Return to DOC Custody  Issues (Composed by On Point): Whether the State may bring a Wis. Stat. ch. 980 commitment petition to judgment when the respondent is in… Read More

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on review of published decision; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Mental Commitment – Alzheimer’s Issue (Composed by On Point): Whether Alzheimer’s is a qualifying mental condition so as to support commitment under ch. 51. See prior post, here, for further discussion… Read More

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on review of court of appeals certification request; for Williams:  Jonas B. Bednarek; case activity Search Warrants – Issuance by Commissioner Issue (Composed by On Point): Whether § 757.69(1)(b) confers on court commissioner authority to issue search warrants, or whether Wis. Const. art. VII, § 2 reserves such power to judges. See prior post, here, for further discussion… Read More

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on review of unpublished decision; for Felix: Leonard D. Kachinsky; case activity Warrantless Nonconsensual Entry to Effectuate Arrest – Attenuation Doctrine Issue (composed by On Point): Whether Wisconsin should adopt the rule of New York v. Harris, 495 U.S. 14 (1990) – post-arrest statements following illegal entry supported by probable cause but not exigent circumstances aren’t… Read More

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on certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issues (composed by On Point): Whether a defendant has a non-waivable right to be physically present at a §§ 971.04(1)(g) and 885.60. If the right to physical presence at the plea proceeding can be waived or forfeited, whether a formal colloquy is nonetheless required before… Read More

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on petition for review of published decision; case activity Issues (provided by court): Can a defendant be found guilty under the forfeiture statutes on the grounds of judicial estoppel where the defendant claims he made no statement to a prior court? Did the undisputed facts on the record establish that if judicial estoppel had not… Read More

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