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4. Victim’s Rights

We reported recently that the court of appeals has asked the supreme court to review a case challenging the ballot question that led to the adoption of Marsy’s Law in Wisconsin. As reported here, on the same day the court of appeals issued its certification, the Pennsylvania Supreme Court struck down the adoption of Marsy’s… Read more

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Wisconsin Justice Initiative v. Wisconsin Elections Commission, 2020AP2003, certification issued 12/21/21; case activity (including briefs) Question certified (composed by On Point): Was the single ballot question submitting the “Marsy’s Law” constitutional amendments to voters legally insufficient because it: (1) does not “reasonably, intelligently, and fairly comprise or have reference to every essential of the amendment,”… Read more

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State & T.A.J. v. Alan S. Johnson, 2020 WI App 73, petition to review granted, 2/26/21; case activity (including briefs) This is the first of what will likely be a series of appellate court decisions that re-make criminal litigation in light of “Marsy’s Law,” the recently-passed crime victims’ rights amendment to Article I, § 9m… Read more

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Honorable William Gabler v. Crime Victims Rights Board, 2017 WI 67, 6/27/2017, affirming circuit court on bypass; case activity (including briefs) The legislature created the Crime Victims Rights Board and tasked it with, among other things, issuing “private and public reprimands of public officials” who violate victims’ rights as defined by our state Constitution and… Read more

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On bypass;  case activity (including briefs) Issue (derived from court of appeals’ briefs): Whether the Crime Victims Rights Board’s power to remedy a violation of a victim’s right to the speedy disposition of a criminal case can be applied to judges without violating the separation of powers doctrine. This case reached SCOW via a bypass petition… Read more

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Patrick G. Schilling v. State Crime Victims Rights Board, 2005 WI 17, on certification Issue/Holding: The first sentence of Art. I, § 9m (“dignity” provision) is a statement of purpose, articulating the importance of crime victims’ rights, but is not self-executing. ¶¶13-26. General methodology of interpreting constitutional provision – plain meaning of words; constitutional debates… Read more

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