Prior post: here; background summary by court: here Issue (from Table of Cases): Whether, at resentencing, a defendant would be entitled to credit on a new sentence for time spent confined on a vacated sentence, which was served concurrently with another non-vacated sentence, when the new sentence is imposed consecutively to all other sentences (See… Read more
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decision below: certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; court of appeals briefs: Resp.; Reply Issue (from Table of Cases): Whether the rule regarding consent to search a shared dwelling in Georgia v. Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident… Read more
decision below: unpublished; for Harbor: Joseph E. Redding; court of appeals briefs: BiC; Resp.; Reply Issues (from Table of Pending Cases): Whether a defendant presented a new factor entitling sentence modification (See State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether a defendant demonstrated ineffective assistance of counsel under Strickland v… Read more
decision below: unpublished; prior On Point post; for Burris: Byron C. Lichstein Issue (from Table of Pending Cases): Was the trial court’s supplemental jury instruction that was issued in response to a question from the jury and that quoted verbatim from a Supreme Court opinion an impermissibly misleading instruction under the standards established by State v… Read more
decision below: unpublished; prior On Point post; for Rhodes: John J. Grau Issue (from Table of Pending Cases): Whether a criminal defendant’s constitutional right to confront a witness in cross-examination was infringed, and, if so, whether the infringement was harmless error. Homicide case, tried on State’s theory Rhodes had motive to kill victim for beating Rhodes’… Read more
decision below: unpublished summary disposition; for Funk: Michele Anne Tjader Issue (from Table of Pending Cases): Whether a juror was subjectively and/or objectively biased under the test set forth in State v. Delgado, 223 Wis. 2d 270, 588 N.W.2d 1 (1999). Briefs, appellate decision, petition for review: none is posted, so you can’t readily tell… Read more
decision below: 2010 WI App 42; for Beauchamp: Martin E. Kohler, Craig S. Powell Issues (from Table of Pending Cases): Does the confrontation clause bar admission of testimonial dying declarations against a defendant in light of Crawford v. Washington, 541 U.S. 36 and State v. Manuel, 2005 WI 75, 281 Wis. 2d 554, 697 N.W.2d… Read more
decision below: unpublished; for Brenda B.: Leonard D. Kachinsky; prior post, here. Issue (from Table of Pending Cases): Did the trial court correctly exercise its discretion in denying a parent’s motion to withdraw a no contest plea that grounds existed for termination of parental rights without an evidentiary hearing… Read more
