Privacy Interests in Extremis

Posted on Categories Criminal Law & Process, Privacy Rights, Wisconsin Court System, Wisconsin Criminal Law & Process1 Comment on Privacy Interests in Extremis

In a fascinating case decided this week, the Wisconsin Court of Appeals affirmed the suppression of a video recording apparently showing a husband having sexual intercourse with his wife, a stroke victim who was unconscious and lived in a nursing home.  See State v. Johnson (Appeal No. 2007AP1485-CR, 9/11/2008).  The husband was charged with second degree sexual assault, a class C felony, which can result in imprisonment up to 40 years.  The offense occurs when a defendant “has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.”  Wis. Stat. § 940.225(2)(d).  The statute further provides that “A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.”  Wis. Stat. § 940.225(6). Continue reading “Privacy Interests in Extremis”

Petition to Permit Citation of Unpublished Decisions of the Wisconsin Court of Appeals

Posted on Categories Legal Writing, Wisconsin Court System1 Comment on Petition to Permit Citation of Unpublished Decisions of the Wisconsin Court of Appeals

This fall the Wisconsin Supreme Court will revisit the issue of whether to permit citation of unpublished Wisconsin Court of Appeals opinions. The issue is scheduled for hearing on October 14, 2008. The current rule forbids citation of unpublished opinions “as precedent or authority, except to support a claim of claim preclusion, issue preclusion, or the law of the case.” Wis. Stat. § 809.23(3). In January, the Wisconsin Judicial Council filed a petition asking the court to amend the rule to permit citation of unpublished opinions “for [their] persuasive value.” Continue reading “Petition to Permit Citation of Unpublished Decisions of the Wisconsin Court of Appeals”