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Derek Clinger
Derek Clinger is a senior staff attorney for the State Democracy Research Initiative at University of Wisconsin Law School.
Wisconsin’s Legislative Vetoes Go to Court
The Wisconsin Supreme Court is set to decide whether a legislative committee can override executive branch decisions.
State v. Graham
Ruled prosecutor’s specific argument that defendant tailored their testimony in response to the testimony other witnesses provided at trial did not violate defendant's right to confrontation
Short v. State
Ruled executive branch’s sweep of unappropriated state general funds, including funds for educational grants, into a reserve fund did not violate legislature’s appropriation powers
Burns v. Arizona Public Service Co.
Ruled majority of commissioners of public utilities commission may not prevent an individual commissioner from exercising constitutionally granted investigatory powers
State v. Mefford
Ruled parole officer’s warrantless search of defendant’s cell phone apps exceeded any valid exception, violating searches and seizures and right to privacy clauses
State ex rel. Office of the State Engineer v. Romero
Ruled groundwater forfeiture statute allowed for partial forfeiture of petitioner’s water rights for nonuse and was consistent with constitution’s beneficial use doctrine
Department of Corrections v. Stefano
Held that a person released from prison on electronic monitoring has due process rights implicated when they are removed from electronic monitoring and returned to prison
State ex rel. Sanduskians for Sandusky v. The City of Sandusky
Mandated city commission submit proposed city charter amendment to a special election, but commission is not constitutionally required to place proposal on general election ballot
Eddie Armstrong & Lance Huey v. Thurston
Ruled statute permitting State Board of Election Commissioners discretion to certify ballot initiative to Secretary of State conflicted with constitution’s initiative clause