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October Arguments in SCOW

The Supreme Court of Wisconsin is about to hear arguments in 5 cases of interest to public defenders.  See the list of cases and issues below.  Perhaps you are wrestling with the same issue in one of your cases.  If so, click on the case name to get to the court docket and the parties’ briefs.

October 3rd

State v. Nicolas Subdiaz-Osorio, 2010AP3016-CR.  On Point post here.

1. Without obtaining a warrant, police tracked Subdiaz-Osorio’s location through the signal transmitted from his cell phone. Did the trial court err in denying his motion to suppress this evidence?

2. Did the court of appeals in deciding that the evidence that came from the illegal search was harmless?

3. Did the trial court err in denying Subdiaz-Osorio’s motion to suppress statements obtained during his custodial interrogation after he made the following statement: “How can I do to get an attorney here because I don’t have enough to afford one”?

4. Did the court of appeals err in concluding that any error was harmless in admitting evidence that came after Subdiaz-Osorio’s request for an attorney during interrogation?

State v. Bobby L. Tate, 2012AP336-CR.  On Point post here.

Should this Court accept review to examine when law enforcement can electronically track a cell phone in order to locate the phone’s user?More specifically, should this Court review a) whether obtaining a cell phone’s location constitutes a “search” within the meaning of the 4th Amendment, b) if so, what probable cause standard applies before police can obtain location information, and c) whether statutory authorization is necessary before a court can permit this kind of search, and whether such statutory authority exists?

October 15

State v. Brandon Bentdahl, 2012AP1426.  On Point post here.

Does a circuit court have discretion to dismiss a refusal proceeding after the prosecution of the underlying OWI charge results in an acquittal?

October 22

State ex rel. Ardonis Greer v. David H. Schwarz, 2011AP2188.  On Point post here.

1. If the Department of Corrections erroneously issues a probationer a discharge certificate under 973.o9(5) before the probationary term expired, but later discovers the error and proceeds to revoke the probationer, did the Department lose jurisdiction over the probationer?

2. If the Department retained jurisdiction over the probationer, is it equitably estopped from revoking him for conduct occurring before the probationary term expired?

State v. Darryl J. Badzinski-CR, 2011AP2905.  On Point post here.

Did the circuit court’s answer to a question posed by the jury during deliberations allow the jury to base its verdict on speculation and conjecture?


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