State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs) Issues presented (composed by On Point from the PFR and cross PFR) Was the circuit court’s ex parte voir dire and removal of a juror during trial… Read more
A. Review Grants
SCOW to review meaning of “misdemeanor crime of domestic violence” under concealed carry license law
Daniel Doubek v. Joshua Kaul, 2020AP704, certification granted June 16, 2021; case activity (including briefs) Issue (from Court of Appeals’ Certification): 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… Read more
State v. Westley D. Whitaker, 2020AP29-CR, petition for review of a published decision of the court of appeals granted 6/16/21; case activity (including briefs) Issues Presented (from the PFR and supreme court order granting review) Does it violate the First and Fourteenth Amendments and Article I, Section 18 of the Wisconsin Constitution to consider a… Read more
State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, petition for review of an unpublished decision of the court of appeals granted 6/16/21; case activity (including briefs) Issue Presented (from the PFR): When a defendant has been found not guilty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
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
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
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
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
