Search
Filter Search
State v. Peterson
Dissent wrote that statute criminalizing sale of heroin violated equal protection clause because the same conduct is criminalized under another controlled substance statute which carries a different penalty
State v. Arnett
Ruled that the criminal restitution scheme violates the right to a jury trial under the state constitution
State v. Brown
Ruled statute authorizing judge, not jury, to make criminal history findings for sentencing did not violate right to a jury trial; statute allowing judge to set restitution implicated the right but was severable
Wisconsin Supreme Court Debates Approaches to Constitutional Interpretation
A recent opinion reminds advocates to make independent state constitutional arguments.
State v. Jordan
Dissent wrote that warrantless arrest of defendant when police had ample time to secure a warrant violated constitution’s protection against unreasonable search and seizure
League of Women Voters of Honolulu v. State
Ruled legislature’s replacement of a recidivism bill with a hurricane shelter bill violated constitution’s requirement of three readings to begin anew because the amendment was non-germane
In re Colorado Independent Congressional Redistricting Commission
Ruled constitutional provision for congressional redistricting process did not create new protections against minority vote dilution beyond those provided by the federal Voting Rights Act
State v. Calabrese
Ruled that defendant had standing to challenge a search based on a participatory interest in evidence seized on girlfriend’s property and clarified that the driveway is a protected area
State v. Davis
Ruled that use of information obtained during two warrantless police entries into enclosed porch and interior of defendant’s home violated guarantee against unreasonable searches
State v. Walker-Brazie
Ruled that evidence seized by Border Patrol was inadmissible in a state criminal proceeding when that search did not comply with the state constitution
