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 S t a t e o f W i s c o n s i n 
Office of The State Public
Defender Wisconsin Forward Award Mastery
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Pending grants of review (for complete table, go here): State v. Michael R. Hess, 2008AP2231-CR, below: 2009 WI App 105 (good-faith rule as applied to invalid warrant), oral arg 3/2/10 Kevin Blum, Jr. v. 1st Auto & Casualty Ins. Co., 2008AP1324, below: 2009 WI App 19 (precedential value of that portion of published court of appeals' decision not discussed in supreme court reversal), oral arg 2/10/10 State v. Michael A. Sveum, 2008AP659-CR, below: 2009 WI App 81 (warrantless GPS tracking under 4th amendment and WESCL), oral arg 3/2/10 State v. Rashaad A. Imani, 2008AP1521-CR, below: 2009 WI App 98 (remedy for inadequate Faretta colloquy), oral arg 2/9/10 State v. Jim H. Ringer, 2008AP652-CR, below: Unpublished (rape-shield admissibility: sufficiency of proof of prior untruthful allegation; State's waiver), oral arg 2/10/10 State v. Donald J. McGuire, 2007AP2711-CR, below: Unpublished (tolled statute of limitations for non-resident, constitutionality of 36-year delay in prosecution), PFR granted 9/10/09; oral arg 1/5/10 State v. Juiquin A. Pinkard, 2008AP1204-CR, below: Unpublished (community caretaker rationale for warrantless entry of residence), PFR granted 9/10/09; oral arg 1/7/10 State v. Joshua D. Conger, 2008AP755-CR, below: Certification (trial court discretion to reject plea bargain), PFR granted 8/17/09; oral arg 12/1/09 State v. Corey Kleser, 2007AP2827-CRAC, below: 2009 WI App 43 (§ 970.032 reverse waiver procedure: ability to challenge probable cause; admissibility of defense expert testimony), PFR granted 7/15/09; oral arg 11/11/09 State v. Travis Vondell Cross, 2009AP3-CR, below: on Bypass (guilty plea procedure: impact of misinformation that maxmimum penalty greater than actually is), PFR granted 7/15/09; oral arg 12/1/09 State v. Michael James Carter, 2008AP1185-CR, below: Summary order (ineffective assistance of counsel re: rape-shield evidence), PFR granted 7/1/09; oral arg 11/3/09 State v. Scott R. Jensen, 2008AP552-CR, below: 2009 WI App 26 (venue for § 946.12 misconduct in public office), PFR granted 6/16/09; oral arg 11/10/09 State v. Landray M. Harris (2008AP810-CR), below: Unpublished (sentencing judge's comments as taking defendant's race into account), PFR granted 5/13/09; oral arg 10/20/09
Darnell Jackson v. Daniel Buchler (2006AP948),below: Unpublished (prison discipline procedure), PFR granted 4/14/09; oral arg 12/1/09 State v. James W. Smith (2008AP1011), below: 2009 WI App 16, (constitutionality of applying sex offender registration requirement, § 301.54, to offense without sexual element), PFR granted 3/18/09; oral arg 10/13/09 State v. Aaron Antonio Allen (2007AP795), below: Unpublished (failure to respond to no-merit report operating as serial litigation bar applied to subsequent collateral attack), PFR granted 3/18/09 State v. Daniel Arends (2008AP52-CR), below: 2008 WI App 184 (standard for granting hearing on § 980.09 SVP discharge petition), PFR granted 2/10/09; oral arg 9/11/09 State v. Dimitri Henley (2008AP697-CR), below: Certification (trial court authority to grant interest-of-justice relief after expiration of direct appeal), rev granted 2/10/09; oral arg 9/18/09 State v. Robert Lee Artic, Sr. (2008AP880-CR), below: 2009 WI App 12 (whether consent attenuated taint of unlwaful police entry), PFR granted 2/10/09; oral arg 9/11/09 State v. John A. Wood (2007AP2767-CR), below: Certification, (constitutionality of § 971.17 (3) (c), re: involuntary medication of persons committed to DHFS after found NGI and further determined to be incompetent to make medication decision), held in abeyance, 11/12/08, pending remand to supplement record State v. Patrick C. Carter (2006AP1811-CR), published below: 2007 WI App 255 (sentence credit for time spent on fugitive warrant), (AGs) PFR granted 3/19/08; oral arg 9/12/08; re-arg 10/21/09
Wis. Supreme Court Opinions (2009-2010 WI
Term): Recusal Individual Supreme Court Justice Reviewability by Full Court State v. Aaron Antonio Allen, 2010 WI 10
Search & Seizure Frisk Demand that Suspect Drop Object
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161 Evidence Expert Opinion, Partly Based on PBT Inadmissibility, § 343.303 / OWI PBT Result Inadmissible, § 343.303, Including When Proffered in Support of Defense / Right to Present Defense Statutory Inadmissibility of PBT Result, § 343.303: Legitimate State Interest Controls State v. Richard M. Fischer, 2010 WI 6, affirming 2008 WI App 152 Judges Disqualification, § 757.19(2)(e) Meaning of Previously Handled the Action or Proceeding while Judge of an Inferior Court State v. Dimitri Henley, Memorandum Decision (Roggensack, J.), No. 2008AP697, 11/25/09
Published Wisconsin Court of Appeals Opinions (2010 WI App __):
Appellate Procedure Standard of Review Certiorari
Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14 Sexual Assault of Child, § 948.02 Not Unconstitutionally Overbroad re: Proper Medical Purpose / Overbreadth Challenge § 948.02 Not Unconstitutionally Overbroad re: Proper Medical Purpose Jury Instructions Theory of Defense, Generally Jury Instructions Theory of Defense, Sexual Assault of Child: Proper Medical Purpose
Assertion of Right to Counsel Interrogation Post- Charge Representation Insufficient in and of Itself /
Confessions Post-Charge Assertion of Right to Counsel during Interrogation Mere Representation by Counsel Insufficient to Establish Assertion /
New Federalism Sixth Amendment Right to Counsel during Interrogation
State v. Brad E. Forbush, 2010 WI App 11
Statutes Construction Particular Term: And, May Mean Or
State v. Stephen A. Freer, 2010 WI App 9, PFR filed 12/30/09
Guardianship/Protective Placement GAL Interview of Ward outside Presence of Adversary Counsel
Jennifer M. v. Franz Maurer, 2010 WI App 8
Reasonable Suspicion Basis Traffic Stops Excessive Window Tint, Generally
State v. Phillip Brian Conaway / Craig Griffin, 2010 WI App 7
Appellate Procedure Briefs Inadequate Appendix, Record Cites Sanction / Counsel Sanctions Inadequate Appendix to Appellate Brief, Citation to Record
S.C. Johnson v. Milton E. Morris, 2010 WI App 6, PFR filed 12/30/09
Reasonable Suspicion Stop/Detention Basis Collective Knowledge Doctrine
State v. Sameeh J. Pickens, 2010 WI App 5, reconsideration denied 1/20
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