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04.09.14 | Supreme Court Oral Argument: State v. Raphfeal Lyfold Myrick

On April 9, 2014, the Wisconsin Supreme Court heard oral arguments in State v. Raphfeal Lyfold Myrick at the state Capitol. This homicide case involves two defendants, one of whom testified against the other as part of what he contends was a plea agreement with prosecutors. The question before the Supreme Court is whether statements made by defendant Rapheal Lyfold Myrick during testimony at the preliminary examination stage of Justin Winston’s case are then admissible in the case against Myrick himself.


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04.09.14 | Supreme Court Oral Argument: Office of Lawyer Regulation v. Michael G. Trewin

On April 9, 2014, the Wisconsin Supreme Court heard oral arguments in Office of Lawyer Regulation  v. Michael G. Trewin at the state Capitol. In this attorney disciplinary proceeding, Atty. Michael G. Trewin appeals from the report and recommendation of the referee, who concluded that Attorney Trewin had committed 14 of the 15 counts of professional misconduct alleged in the disciplinary complaint and recommended the revocation of Attorney Trewin’s license to practice law in Wisconsin.


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04.08.14 | Supreme Court Oral Argument: State v. Jimothy A. Jenkins

On April 8, 2014, the Wisconsin Supreme Court heard oral arguments in the case State v. Jimothy A. Jenkins at the state Capitol.This criminal case looks at how circuit courts should factor in a witness’s credibility when a defendant alleges ineffective assistance due to an attorney’s failure to call that witness to testify. The Supreme Court is being asked to examine in such instances the interplay of the rule that juries are the ultimate arbiters of witness credibility and the prejudice standard for ineffective assistance, which requires post-conviction courts to assess whether the omitted evidence would undermine confidence in the trial’s outcome.



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04.08.14 | Supreme Court Oral Argument: State v. Donyil L. Anderson, Sr.

On April 8, 2014, the Wisconsin Supreme Court heard oral arguments in State v. Donyil L. Anderson, Sr. at the state Capitol. This homicide case examines the discretionary power of the Court of Appeals to grant a new insanity phase trial on the ground that an allegedly harmless error in a jury instruction prevented the real controversy from being fully tried.


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04.03.14 | Supreme Court Oral Argument: State v. Andres Romero-Georgana

On April 3, 2014, the Wisconsin Supreme Court  heard oral arguments in the case State v. Andres Romero-Georgana at the state Capitol. This sexual assault case involves a defendant’s claim that his postconviction counsel provided ineffective assistance by challenging the circuit court’s sentencing decision rather than raising a plea withdrawal claim based on the circuit court’s failure to orally advise the defendant of the deportation consequences of his no-contest plea.


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04.03.14 | Supreme Court Oral Argument: Lorenzo D. Kyles v. William Pollard

On April 3, 2014, the Wisconsin Supreme Court heard oral arguments in the case Lorenzo D. Kyles v. William Pollard at the state Capitol. This case examines the appropriate procedure for a defendant to follow when challenging trial counsel’s alleged failure to file a notice of intent to pursue post-conviction relief. The notice of intent is the first step in bringing a direct appeal challenging a conviction or sentence.


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04.03.14 | Supreme Court Oral Argument: State v. Cortez Lorenzo Toliver

On April 3, 2014, the Wisconsin Supreme Court heard oral arguments in the case State v. Cortez Lorenzo Toliver at the state Capitol. This case involves the appeal of a juvenile defendant who was convicted of first-degree reckless injury and attempted robbery with threat of force, both involving the use of a dangerous weapon.  

The Supreme Court examines two issues:

  • Which prevails: the general rule that a defect of subject matter jurisdiction may be raised at any time, or the convention that the Court of Appeals will not address an argument first raised in a reply brief?

  • Where a Wisconsin court fails to make the specific probable cause finding required by Wis. Stat. § 970.032, does this failure cause the court to lose subject matter jurisdiction over the criminal proceeding, necessitating that the juvenile defendant be discharged?


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03.19.14 | Supreme Court Oral Argument: State v. James R. Hunt

The Supreme Court heard oral arguments in the case of State v. James R. Hunt on March 19, 2014 at the state Capitol. This case examines whether police violated a suspect’s right to remain silent under Miranda v. Arizona, 384 U.S. 436 (1966), during a custodial interrogation.  


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03.19.14 | Supreme Court Oral Argument: Dow Family, LLC v. PHH Mortgage Corporation

The Wisconsin Supreme Court heard oral arguments in the case of Dow Family, LLC v. PHH Mortgage Corporation on March 19, 2014 at the state Capitol. This foreclosure case examines the doctrine of equitable assignment and whether a mortgage automatically transfers upon the transfer of the associated note, without the need for a written mortgage assignment. A decision by the Supreme Court could affect borrowers, lenders and other businesses statewide, including those who have relied on the services of the privately run Mortgage Electronic Registration Systems, Inc., (MERS).


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03.19.14 | Supreme Court Oral Argument: State v. Carlos A. Cummings

The Wisconsin Supreme Court heard oral arguments in the case of State v. Carlos A. Cummings on March 19, 2014 at the state Capitol. This case examines whether a defendant invoked his right to silence under Miranda v. Arizona, 384 U.S. 436 (1966)  when, during the course of an interrogation, he told the police officer, “Well, then, take me to my cell.” The defendant, Carlos A. Cummings, also contends his punishment of the maximum penalty for first-degree reckless injury as party to a crime was unduly harsh and that his trial counsel was ineffective.


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03.18.14 | Supreme Court Oral Argument: State v. William F. Bokenyi

The Wisconsin Supreme Court heard oral arguments in the case of State v. William F. Bokenyi on March 18, 2014 at the state Capitol. This case examines whether a prosecutor breached a plea agreement by allegedly undermining the agreed-upon sentencing recommendation at the sentencing hearing, and whether defense counsel was ineffective for failing to object to the alleged breach.


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03.18.14 | Supreme Court Oral Argument: Data Key Partners v. Permira Advisors, LLC

The Wisconsin Supreme Court heard oral arguments in the case of Data Key Partners v. Permira Advisors, LLC on March 18, 2014 at the state Capitol. In this dispute between shareholders over the sale of a business, the Supreme Court examines, among other things, the business judgment rule, which is codified in Wis. Stat. § 180.0828. The business judgment rule protects directors from liability for a fault in the business-decision-making process or in the decision itself, so long as the directors made the decision in the honest belief that it was in the best interest of the company.


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03.18.14 | Supreme Court Oral Argument: State v. Angelica C. Nelson

The Wisconsin Supreme Court heard oral arguments in the case of State v. Angelica C. Nelson on March 18, 2014. This sexual assault case examines whether Wisconsin case law provides that a criminal defendant is automatically entitled to a new trial if the circuit court prohibits the defendant from testifying in her own defense.


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03.14.14 | Supreme Court Oral Argument: Scott Partenfelder v. Steve Rohde

The Supreme Court heard oral arguments in the case of Scott Partenfelder v. Steve Rhode on March 14, 2013 at the state Capitol. This case arises from the collision of a freight train and mini-van that occurred as people gathered for a Memorial Day parade in the village Elm Grove in 2009. The Supreme Court examines whether the Federal Railroad Safety Act (“FRSA”) preempts the plaintiffs’ state-law negligence and safe-place claims.


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03.14.14 | Supreme Court Oral Argument: Eileen W. Legue v. City of Racine

The Supreme Court heard oral arguments in the case of Eileen W. Legue v. City of Racine on March 14, 2014 at the state Capitol. This certification from the District II Court of Appeals arises from a traffic accident in which an officer driving a police squad collided with another vehicle at an intersection in Racine.


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