Appellate Opinions Released January 31, 2006
The Wisconsin Supreme Court released opinions in the following two cases:
Maciolek v. City of Milwaukee Employes' Retirement System Annuity and Pension Board (procedural requirements for a transfer of assets subject to a marital property agreement)
State v. Shomberg, addressing whether a criminal defendant has the constitutional right to present expert testimony on eyewitness identification, and whether the circuit court misused its discretion in denying the defendant's proffer of evidence that he had offered to take a polygraph examination. The Court ruled the circuit court did not violate Mr. Shomberg's constitutional right to present his defense by not admitting the expert testimony requested, and further held the circuit court did not abuse its discretion in not admitting evidence of the offer to submit to a polygraph examination.
The Wisconsin Court of Appeals released these opinions today, including the following, which was recommended for publication:
State v. Jenkins, in which the Court agreed with Mr. Jenkins that the circuit court should have allowed him to withdraw his plea, inasmuch as he provided a "fair and just reason to do so," and the State offered no argument that granting the motion would substantially prejudice it.
Maciolek v. City of Milwaukee Employes' Retirement System Annuity and Pension Board (procedural requirements for a transfer of assets subject to a marital property agreement)
State v. Shomberg, addressing whether a criminal defendant has the constitutional right to present expert testimony on eyewitness identification, and whether the circuit court misused its discretion in denying the defendant's proffer of evidence that he had offered to take a polygraph examination. The Court ruled the circuit court did not violate Mr. Shomberg's constitutional right to present his defense by not admitting the expert testimony requested, and further held the circuit court did not abuse its discretion in not admitting evidence of the offer to submit to a polygraph examination.
The Wisconsin Court of Appeals released these opinions today, including the following, which was recommended for publication:
State v. Jenkins, in which the Court agreed with Mr. Jenkins that the circuit court should have allowed him to withdraw his plea, inasmuch as he provided a "fair and just reason to do so," and the State offered no argument that granting the motion would substantially prejudice it.
posted by Daniel Kelly at 5:25 PM
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