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’20-21

State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, petition for review of an unpublished decision of the court of appeals granted 6/16/21; case activity (including briefs) Issue Presented (from the PFR): When a defendant has been found not guilty by reason of mental disease or defect in two separate cases and is subject to two… Read more

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State v. Joseph G. Green, 2020AP298-CR, petition for review granted 6/16/21, case activity (including briefs) Issue (from the State’s petition): Does a circuit court have authority to order tolling of the 12-month statutory time limit for bringing an incompetent criminal defendant to trial competency? When a circuit court declares a defendant incompetent to proceed with… Read more

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State v. Nhia Lee, 2019AP221-CR, petition for review granted 5/19/21; case activity (including briefs) Issues: Whether a circuit court is required to appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance? Whether Lee’s rights to due process, to counsel, and to a… Read more

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State v. Teresa L. Clark, 2020AP1058-CR, bypass granted 4/27/21; case activity Issue: (adapted from State’s COA brief): When the State uses a prior OWI conviction to enhance the charge and sentence for a subsequent OWI offense, a defendant may collaterally attack the prior conviction. If the defendant proves that her right to counsel was violated… Read more

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State v. Avant Rondell Nimmer, 2020AP878-CR, petition for review granted 3/24/21; case activity (including links to briefs and PFR) Issue presented (composed by On Point): Did police responding to a ShotSpotter alert of shots fired have reasonable suspicion to stop and frisk Nimmer based on his proximity to the address in the alert so close… Read more

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Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity Issues for review: 1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed his notice of appeal. 2. Whether the county failed to meet its burden of proving dangerousness by clear and convincing evidence. 3. Whether S.A.M. was… Read more

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Waukesha County v. E.J.W., 2020AP370, petition for review granted 2/26/21, reversed, 2021 WI 85; case activity Issue for review: Section 51.20(11) provides that the subject of a commitment proceeding must demand a jury trial 48 hours in advance of the time set for the final hearing. When the court adjourns the hearing for good cause… Read more

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State v. Ryan Hugh Mulhern, 2019AP1565-CR, petition to review granted 1/20/21; reversed 6/21/22; case activity (including PFR and briefs) Issue presented (from the state’s PFR) Does § 972.11(2)(b), the “rape shield” statute, bar relevant evidence of the complainant’s lack of sexual conduct when the state offers the evidence to corroborate the complainant’s allegation of sexual assault… Read more

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