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State v. Autumn Marie Love Lopez & Amy J. Rodriguez, 2017AP913-CR & 2017AP914-CR, petition for review granted 4/9/19; case activity (including briefs)

Issue:

Does either Wis. Stat. § 971.36 or inherent prosecutorial charging discretion allow a prosecutor to charge a single felony count of retail theft for multiple separate acts of theft, each involving less than $500 in merchandise, committed over a span of time?

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State v. Matthew C. Hinkle, 2017AP1416-CR, petition for review granted 4/9/19; case activity (including briefs)

Issue:

Once a juvenile has been waived into adult court by one circuit court, must the juvenile always be subject to adult court jurisdiction in any other cases?

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State v. Roy S. Anderson, 2017AP1104-CR, petition for review granted 4/9/19; case activity (including briefs)

Issues:

What constitutes sufficient knowledge of an offender’s community supervision status where an officer wants to search him pursuant to 2013 Wisconsin Act 79?

Whether the officers in this case had reasonable suspicion to search Anderson pursuant to Act 79.

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State v. Alexander M. Schultz, 2017AP1977-CR, petition for review granted 4/9/19; case activity (including briefs)

Issues (derived from petition for review):

When determining whether two offenses charged in successive prosecutions are the same in fact for purposes of the Double Jeopardy Clause, how does the court determine the scope of jeopardy when the charged timeframe is ambiguous?

When there is ambiguity in the timeframe of the charging document who bears the burden resulting from the ambiguity–the defendant or the State?

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State v. Robert James Pope, Jr., 2017AP1720-CR, petition for review granted 4/9/19; case activity (including briefs)

Issues:

Where no transcripts of a jury trial occurring over 20 years ago are available in a direct appeal and appellate counsel is new to the case, does application of  State v. Perry’s requirement that appellant assert a “facially valid claim of error” that might be supported by a portion of a missing transcript deny the constitutional right to meaningful appellate review?

Whether a statement on transcript filed in an appeal binds an appellant in all future appeals in the same case?

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City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs)

Issue (from petition for bypass):

City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to an unknown prior offense, it is a defect in the circuit court’s competency but not the circuit court’s subject matter jurisdiction. Accordingly, a defendant must timely object to the circuit court’s lack of competency or the objection is forfeited. Is the same true when the mischarged OWI is in municipal court?

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State v. Stephan I. Roberson, 2017AP1894-CR, petition for review of per curiam opinion granted 2/12/19; case activity (including briefs)

Issue (from the petition for review):

Whether a pretrial out-of-court identification using a single photo is a showup and thus inadmissible at trial unless the State proves necessity under the totality of the circumstances?

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State v. Javien Cajujuan Pegeese, 2017AP741-CR, petition for review of a per curiam opinion granted 1/15/19; case activity (including briefs)

Issue:

Whether the circuit court’s failure to personally insure that the defendant understood each constitutional right waived by his guilty plea entitled him to a Bangert evidentiary hearing to determine whether his plea was knowing, intelligent, and voluntary.

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