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A. Certification requests

court of appeals certification, supreme court review granted 11/14/12; case activity  § 51.35(1)(e) Patient Transfer, Time Limits Issue certified: 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… Read more

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court of appeals certification, review granted, 6/13/12; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment Convicted of reckless homicide, § 940.06(1), in the death of their daughter for failing to obtain medical treatment, the Neumanns raise various issues relating to… Read more

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court of appeals certification request; case activity Voter ID Law  (From the Certification:) There are many issues in this case, but this certification focuses on the following questions:  (1) What level of judicial scrutiny should be employed in reviewing the plaintiffs’ challenge to the Act?  (2) Does the Wisconsin Constitution provide greater protection to voting rights than… Read more

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court of appeals certification request; case activity Voter ID Law  (From the Certification:) This appeal challenges a circuit court order that permanently enjoined implementation of those portions of 2011 Wisconsin Act 23 requiring Wisconsin electors to display government-authorized photo identification either at the polling place or to election officials by the Friday following an election. … Read more

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court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; review granted, 3/15/12 Guilty Pleas – Plea Colloquy  Certified Issue:  Whether a plea colloquy’s understating the potential penalty is subject to harmless error analysis, such that if the subsequently-imposed sentence doesn’t exceed the misadvised maximum, plea-withdrawal isn’t supported. The details: Taylor was charged as a repeater… Read more

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court of appeals certification, affirmed 2012 WI 73; for Ziegler: Christopher William Rose; case activity Interfering with Custody, § 948.31(2)  Issue certified: Whether the court of appeals’ prior interpretation of § 948.31(2) to require “initial permission” from the parent should be overruled, State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332. § 948.31(2) addresses “[w]hoever… Read more

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court of appeals certification; for Bryan Stanley: Kristin M. Kerschensteiner; case activity Open Records – Sealed Court File – NGI Condition Release Plan  The appeal raises two significant issues at the intersection of Wisconsin’s Open Records Law and Mental Health Act, one procedural and one substantive. The procedural issue involves the proper mechanism to pursue an open records… Read more

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certification; for Rowan: Paul G. LaZotte, SPD, Madison Appellate; case activity; review granted, 10/25/11 Extended Supervision Conditions – Limits on Fourth Amendment Rights The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer… Read more

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