Smith v. Arizona, U.S.S.C. No. 22-899, cert. granted 9/29/23; Scotusblog page (containing links to briefs and commentary) Question presented: Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a)… Read more
Important Posts
State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs) The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the… Read more
Brown County v. Z.W.L., 2022AP2201, District 3, 9/12/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In yet another hearsay-based sufficiency challenge to a Chapter 51 commitment, Z.W.L. (“Zeb”) succeeds because the circuit court relied on inadmissible hearsay and no other evidence established that Zeb was dangerous. Specifically, while Zeb made admissible “party-opponent” statements… Read more
Winnebago County v. W.I., 2022AP2095, 08/30/2023, District 2 (1-judge opinion, ineligible for publication); case activity In addition to the two court ordered psycholigical examinations required under § 51.20(9)(a)1., subdivision 3 provides individual’s subject to potential involuntary civil commitment “a right” to an additional psychological examination. See Wis. Stat. § 51.20(9)(a)3. If requested, the cost of the… Read more
State v. C.D., 2023AP1025, District I, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an exciting defense win, District I signals a willingness to critically review default orders entered in Milwaukee County. C.D. faced involuntary termination of her parental rights and, as is customary, was warned twice that a failure to… Read more
Waupaca County v. G.T.H., 2022AP2146, District IV, 8/24/23, 1-judge decision ineligible for publication; case activity (briefs not available) Contrary to what has seemed like a steady stream of unsuccessful hearsay-based Chapter 51 appeals, see e.g., here, here, here, here, and here, G.T.H. succussfully convinces the court of appeals to reverse his recommitment, which was based on… Read more
State v. James P. Killian, 2023 WI 52, 06/21/23, reversing a published court of appeals decision; case activity (including briefs) The state’s threat to add new charges against Killian during a trial that ended in a mistrial didn’t expand the scope of the protection against double jeopardy to those new charges. The facts and procedural… Read more
State v. Junior L. Williams-Holmes, 2023 WI 49, 6/20/23, reversing and remanding a published court of appeals decision; case activity (including briefs) Reaffirming that the Department of Corrections, not the circuit court, is responsible for regulating the day-to-day affairs of persons being supervised by DOC, the supreme court sends this case back to the circuit court… Read more
