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State high court to take on 10 cases for review

By: Eric Heisig//February 6, 2014//

State high court to take on 10 cases for review

By: Eric Heisig//February 6, 2014//

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The state Supreme Court accepted 10 cases for review Thursday.

They are:

  1. State v. Cummings, which seeks to address whether a defendant invoked his right to remain silent after being read his rights by a police officer when, during the course of an interrogation, he told the police officer, “Well, then, take me to my cell.”
  2. State v. Toliver, which examines two issues regarding a juvenile defendant, jurisdiction, and the effects of a judge failing to make a specific probable cause finding.
  3. State v. Smith, which deals with whether police violated a suspect’s right to remain silent during a custodial interrogation.
  4. State v. Hunt, which examines whether a trial court erred in preventing a witness from testifying that he did not send the defendant a sexually explicit video clip that resulted in the defendant being convicted of causing a child younger than 13 to view sexually explicit conduct on his cell phone. The Supreme Court also considers if the trial court erred, whether the error harmless.
  5. State v. Nelson, which examines whether Wisconsin case law provides that a criminal defendant is automatically entitled to a new trial if the circuit court prohibits the defendant from testifying in her own defense.
  6. Weissman v. Tyson Prepared Foods, which is a class-action wage claim that examines the interplay between the relevant regulations, case law, and state and federal law.
  7. State v. Jenkins, which looks how circuit courts should factor in a witness’s credibility when a defendant alleges ineffective assistance due to an attorney’s failure to call that witness to testify.
  8. Kyles v. Pollard, which examines the appropriate procedure for a defendant to follow when challenging trial counsel’s alleged failure to file a notice of intent to pursue post-conviction relief.
  9. Data Key Partners v. Permira Advisors, where the court will examine among other things, the business judgment rule.
  10. Dow Family v. PHH Mortgage Corp., which examines the doctrine of equitable assignment and whether a mortgage automatically transfers upon the transfer of the associated note, without the need for a written mortgage assignment.

The court on Thursday also denied review to 57 cases.

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