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A. Certification requests

State v. Percy Antione Robinson, 2020AP1728-Cr, certification filed 4/19/22, District 1; case activity (including briefs) Whether Milwaukee County’s CR-215 procedure for determining probable cause triggers an accused’s 6th Amendment right to counsel for any subsequent “critical stage” of the legal proceeding? This issue should sound very familiar to On Point readers. It first arose in… 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 v. Corey Rector, 2020AP1213, certification filed 11/24/21; granted 2/16/22; District 2; case activity (including briefs) Issue (from the certification): Whether the plain meaning of “separate occasions” in the sex-offender-registration statute means that the two convictions must have occurred at different times in two separate proceedings so that the qualifying convictions occurred sometime before a… Read more

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Rusk County v. A.A., Appeal No. 2019AP839 and 2020AP1580 (consolidated); certification granted 4/13/21, District 3; case activity here and here SCOW recently held that recommitment proceedings are governed only by the procedures in §§51.20(10)-(13). Waukesha County v. S.L.L., 2019 WI 66, 387 Wis. 2d 333, 929 N.W.2d 140. Thus, the procedural requirements in §§(1)-(9) do… Read more

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Daniel Doubek v. Joshua Kaul, 2020AP704, 3/31/21, District 2, certification granted 6/16/21; case activity (including briefs) Issue: Are Evans v. DOJ, 2014 WI App 31, 353 Wis. 2d 289, 844 N.W.2d 403, and Leonard v. State, 2015 WI App 57, 364 Wis. 2d 491, 868 N.W.2d 186, “good law” in light of the United States… Read more

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State v. George Steven Burch, 2019AP404-CR, District 3 (10/20/20), review granted 11/18/20, circuit court judgment affirmed, 2021 WI 68; case activity (including briefs) Burch … contends the [Green Bay Police Department] and the [Brown County Sheriff’s Office] violated his Fourth Amendment rights in three ways: (1) the GBPD exceeded the scope of his consent to… Read more

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State v. Jacob Richard Beyer, 2019AP1983, 9/24/20, District 4; case activity (including briefs); certification granted 11/18/20, reversed, 2021 WI 59 Wisconsin courts apply a robust guilty-plea waiver rule: in general, a plea will block a defendant from appealing any issue litigated before the plea. There is one important statutory exception: Wis. Stat. § 971.31(10) entitles… Read more

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State v. Heather Jan VanBeek, 2019AP447, 8/12/20, District 2; certification granted 9/16/2020; case activity (including briefs) VanBeek was sitting with a companion in her parked truck when an officer approached. There’d been a tip that people were sitting in the truck for an hour and that someone had come to the truck with a backpack… Read more

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