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Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether the jury instructions on self defense as it pertained to second degree reckless homicide fairly and adequately explained the defense to the jury. 2. Whether trial court erroneously excluded evidence of the victim’s reputation for violence. Petitions for review aren’t… Read More

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Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2). 2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal… Read More

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Review of unpublished summary disposition; case activity Issues (composed by SCOW): (1) Does Wisconsin recognize the “mature minor doctrine,” a common law rule providing that a minor may consent or refuse to cosent to medical treatment upon a showing of maturity, intelligence and sufficient understanding of the medical condition and treatment alternatives? (2) Does Wisconsin… Read More

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On review of published decision; case activity Confrontation — bases of expert opinion as “testimonial” hearsay Issue (Composed by On Point) When a State Crime Lab technician concludes there is a DNA match between defendant and assailant based in part on a report of a DNA profile prepared by an outside lab, is the outside lab… Read More

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On review of certification request; case activity Invocation of the right to counsel Issues (Composed by On Point) 1. Does the Wisconsin Constitution provide more protection than Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010) (holding that, even if a defendant has invoked his or her right to counsel, law enforcement may give… Read More

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Jamerson v. Dep’t of Children and Families, 2013 WI 7 Wisconsin supreme court decision, affirming 2012 WI App 32, 340 Wis. 2d 215, 813 N.W.2d 221 This case is not directly applicable to SPD practice, but it is a useful reminder of the multitudinous collateral consequences that may attend a criminal conviction. Here’s the gist… Read More

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on review of certification; case activity Issue (from Certification)  Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing within ten days of said transfer,” is contrary to… Read More

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on review of unpublished decision; case activity Issue (composed by On Point)  Whether the county adequately proved that Melanie L. is incompetent to exercise informed consent, in that: the county’s expert testified that she was incapable of applying an understanding “to her advantage” instead of “to … her mental illness … in order to make an informed… Read More

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