Wisconsin Supreme Court Accepts Three New Cases, Including a Case That Will Determine Whether a Crime with No Sexual Component May Trigger Sex Offender Registration Requirements

 

Supreme Court sealToday the Wisconsin Supreme Court accepted three new cases for review, two criminal cases and one civil case.

One of the criminal cases, State v. Smith, 2008AP1011, asks the court to determine whether the sex offender registration statute, Wisconsin Statute section 301.45, is unconstitutional in its application to a defendant whose crime, false imprisonment of a minor, concededly had no sexual component whatsoever.  The Defendant Smith was convicted of falsely imprisoning a minor in connection with a drug crime.  That conviction triggered application of the sex offender registration requirements in section 301.45.  Smith did not register, and was charged with failing to register as required.  He argues that the sex offender registration requirement violates his due process and equal protection rights because his crime had no sexual component.

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Wisconsin Supreme Court Accepts Six New Cases, Including Issue of Inherent Authority of Wisconsin Appellate Courts to Grant a New Trial in the Interests of Justice

Supreme Court sealOn March 2, the Wisconsin Supreme Court accepted six new cases for review, five criminal cases and one civil case.

The first case, State v. Henley, 2008AP697, presents an interesting issue regarding the authority of the courts of appeal, or the supreme court, to grant a new trial to a criminal defendant in the interests of justice, without regard to the passing of the time for appeal.  As Judges Vergeront, Lundsten, and Bridge explained in their certification of the questions in the case,

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My Favorite Wisconsin Cases

Where does one start?!  I attempt to bring Wisconsin law into my classes for several reasons.  The “Diploma Privilege” permits our students to practice in this state without taking the Bar Exam.  Wisconsin courts have been pacesetters as to matters considered in the subject areas in which I teach.  I believe students should learn, as early as their first year with us, that is not improper for one to find fault with judicial and legislative reasoning, at times even in a humorous fashion, as long as due respect is shown.

The first of my favorites is considered in my Torts class.  It is Quesenberry v. Milwaukee County, 106 Wis.2d 685, 317 N.W.2d 468 (1982).  It arises in the discussion of the duties of owners and occupiers of land to those who come upon the property.  It is referenced to show how, at times, state legislatures see fit to modify common law rules.  The case dealt with a provision of the Wisconsin Statutes in effect at the time of an accident (then § 29.68) that barred recovery for injuries received while engaging in “recreational” activities on lands of another. 

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