case involving claim in Wisconsin

2014Specifically, we agreed 5 No. 2012AP46-CR.npc with the circuit court's conclusion that the outcome of the trial would not have been different had the testimony of the uncalled witness been presented at trial because the uncalled witness "could have been easily impeached by other inconsistent testimony." Id. ¶82 Conversely, in State v. Guerard, 2004 WI 85, ¶49 , 273 Wis. 2d 250 , 682 N.W.2d 12 , another case involving a claim of ineffective assistance based on trial counsel's failure to call certain witnesses, we concluded that the defendant had satisfied his burden of establishing prejudice no

2014Specifically, we agreed 5 No. 2012AP46-CR.npc with the circuit court's conclusion that the outcome of the trial would not have been different had the testimony of the uncalled witness been presented at trial because the uncalled witness "could have been easily impeached by other inconsistent testimony." Id. ¶82 Conversely, in State v. Guerard, 2004 WI 85, ¶49 , 273 Wis. 2d 250 , 682 N.W.2d 12 , another case involving a claim of ineffective assistance based on trial counsel's failure to call certain witnesses, we concluded that the defendant had satisfied his burden of establishing prejudice no

2014The result is that we have produced opinions reflecting somewhat inconsistent views on the topic. ¶81 For example, in State v. Vennemann, 180 Wis. 2d 81, 97 , 508 N.W.2d 404 (1993), we briefly addressed the issue in a case involving a claim of ineffective assistance based on trial counsel's failure to call a witness.

2014The result is that we have produced opinions reflecting somewhat inconsistent views on the topic. ¶81 For example, in State v. Vennemann, 180 Wis. 2d 81, 97 , 508 N.W.2d 404 (1993), we briefly addressed the issue in a case involving a claim of ineffective assistance based on trial counsel's failure to call a witness.

2025Krause points to the following examples of these types of comments by the judge: • During voir dire, the circuit court addressed defense counsel in front of the jury pool, cutting counsel off and requesting that he only ask “yes or no” questions, and adding, “We’re trying to get at fair and impartial 4 Relying on State v. Marhal, 172 Wis. 2d 491, 504-05 , 493 N.W.2d 758 (Ct. App. 1992), a case involving a claim for judicial recusal during postconviction proceedings, the State argues that Krause forfeited his objective bias claim by not raising it contemporaneous to each of the circuit court’s

2025Krause points to the following examples of these types of comments by the judge: • During voir dire, the circuit court addressed defense counsel in front of the jury pool, cutting counsel off and requesting that he only ask “yes or no” questions, and adding, “We’re trying to get at fair and impartial 4 Relying on State v. Marhal, 172 Wis. 2d 491, 504-05 , 493 N.W.2d 758 (Ct. App. 1992), a case involving a claim for judicial recusal during postconviction proceedings, the State argues that Krause forfeited his objective bias claim by not raising it contemporaneous to each of the circuit court’s

2023Both of these arguments are without merit. ¶16 In a case involving waiver of the right to counsel—which can be analogized to waiver of trial and acceptance of a civil commitment stipulation— our supreme court discussed the requisite competence to make such a choice, noting that “[t]here undoubtedly is a logical tension between a finding of competence to make that decision and the ultimate finding of the very proceeding in which the defendant goes it alone when the final decision of the jury is mental illness.” S.Y. v. Eau Claire County, 162 Wis. 2d 320 , 333, 469 N.W.2d 836 (1991).

2023Both of these arguments are without merit. ¶16 In a case involving waiver of the right to counsel—which can be analogized to waiver of trial and acceptance of a civil commitment stipulation— our supreme court discussed the requisite competence to make such a choice, noting that “[t]here undoubtedly is a logical tension between a finding of competence to make that decision and the ultimate finding of the very proceeding in which the defendant goes it alone when the final decision of the jury is mental illness.” S.Y. v. Eau Claire County, 162 Wis. 2d 320 , 333, 469 N.W.2d 836 (1991).

2021By contrast, I conclude that the conduct charged as counts four and five is not constitutionally protected, given the different circumstances surrounding those two counts. 5 Cf. State v. Perkins, 2001 WI 46, ¶48 , 243 Wis. 2d 141 , 626 N.W.2d 762 (in a case involving the exception for “true threats,” the application of that exception was a question of fact to be decided by the jury). 5 No. 2020AP952-CR I.

2021By contrast, I conclude that the conduct charged as counts four and five is not constitutionally protected, given the different circumstances surrounding those two counts. 5 Cf. State v. Perkins, 2001 WI 46, ¶48 , 243 Wis. 2d 141 , 626 N.W.2d 762 (in a case involving the exception for “true threats,” the application of that exception was a question of fact to be decided by the jury). 5 No. 2020AP952-CR I.

2006As Professor Clymer notes, lower courts followed suit "describing Garrity as a case involving a privilege and compelled statements as `immunized.'" Id. at 1318, 1318 nn. 32 & 33. ¶ 20 This court has not had much occasion to analyze and apply Garrity , save for the decision of Oddsen, 108 Wis.2d 143 , 321 N.W.2d 161 .

2006As Professor Clymer notes, lower courts followed suit "describing Garrity as a case involving a privilege and compelled statements as `immunized.'" Id. at 1318, 1318 nn. 32 & 33. ¶ 20 This court has not had much occasion to analyze and apply Garrity , save for the decision of Oddsen, 108 Wis.2d 143 , 321 N.W.2d 161 .

2002In Hoskins v. Dodge County, 2002 WI App 40 , 251 Wis. 2d 276 , 642 N.W.2d 213 , a case involving a claim of negligent search-and-rescue, the exception was held inapplicable where law enforcement received a report of a boat in trouble, sent a deputy to investigate by land but did not dispatch a rescue boat.

2002In Hoskins v. Dodge County, 2002 WI App 40 , 251 Wis. 2d 276 , 642 N.W.2d 213 , a case involving a claim of negligent search-and-rescue, the exception was held inapplicable where law enforcement received a report of a boat in trouble, sent a deputy to investigate by land but did not dispatch a rescue boat.

2002In Ottinger v. Pinel, 215 Wis. 2d 266 , 572 N.W.2d 519 (Ct. App. 1997), the exception was also held inapplicable to a claim that corrections officers negligently failed to prevent an inmate's escape from a work-release facility. ¶ 37.

2002In Ottinger v. Pinel, 215 Wis. 2d 266 , 572 N.W.2d 519 (Ct. App. 1997), the exception was also held inapplicable to a claim that corrections officers negligently failed to prevent an inmate's escape from a work-release facility. ¶ 37.

1992Wisconsin Collectors Ass'n Inc. v. Thorp Finance Corp., 32 Wis. 2d 36, 44 , 145 N.W.2d 33 (1966).

1992Wisconsin Collectors Ass'n Inc. v. Thorp Finance Corp., 32 Wis. 2d 36, 44 , 145 N.W.2d 33 (1966).

1989Nevertheless, because Pennsylvania framed its regulations with “language of an unmistakably mandatory character, requiring that certain procedures ‘shall,’ ‘will,’ or ‘must’ be employed,” and that “administrative segregation will not occur absent specified substantive predicates," id. at 471-472 , the Court found a protected, state-created liberty interest. 5 The seventh circuit has considered a similar case involving a claim that a protected liberty interest is created by WAC Ch.

1983Brown v. Haertel (on rehearing), 210 Wis. 354, 359 , 244 N.W. 633 , 246 N.W. 691 (1933).

1983Brown v. Haertel (on rehearing), 210 Wis. 354, 359 , 244 N.W. 633 , 246 N.W. 691 (1933).

1975Aliens as a class are a prime example of a *Page 68 `discrete and insular' minority (see United States v. Carolene Products Company , 304 U.S. 144 , 152-153 , 58 S.Ct. 778 , 783-784 , 82 L.Ed. 1234 (1938), for whom such heightened judicial solicitude is appropriate." 403 U.S. at 372 .

1975Aliens as a class are a prime example of a *Page 68 `discrete and insular' minority (see United States v. Carolene Products Company , 304 U.S. 144 , 152-153 , 58 S.Ct. 778 , 783-784 , 82 L.Ed. 1234 (1938), for whom such heightened judicial solicitude is appropriate." 403 U.S. at 372 .

1975In Graham v. Richardson (1971), 403 U.S. 365 , 91 S.Ct. 1848 , 29 L.Ed.2d 534 , a case involving a challenge to both Arizona's and Pennsylvania's welfare laws which discriminated against aliens, the court stated: "[C]lassifications based on alienage, like those based on nationality or race, are inherently suspect and subject to close judicial scrutiny.

1975In Graham v. Richardson (1971), 403 U.S. 365 , 91 S.Ct. 1848 , 29 L.Ed.2d 534 , a case involving a challenge to both Arizona's and Pennsylvania's welfare laws which discriminated against aliens, the court stated: "[C]lassifications based on alienage, like those based on nationality or race, are inherently suspect and subject to close judicial scrutiny.