Tuesday, January 6, 2009

Review granted in 'State v. McClaren'

The Wisconsin Supreme Court on December 10, 2008 granted the petition to review the Court of Appeals decision, 2008 WI App 118, in this case (2007AP2382-CR). The December 15, 2008 Table of Pending Cases [html | pdf] says the issues are:
May a trial court order a criminal defendant who seeks to support a claim of self-defense with evidence of the complainant’s prior violent acts to make pretrial disclosure of such evidence to the state?

If a trial court in Wisconsin may order pretrial disclosure of evidence proffered under McMorris v. State, 58 Wis. 2d 144, 205 N.W.2d 559 (1973), what sanctions may it use to enforce such order?

Wisconsin Supreme Court Accepts Six New Cases, Will Consider Constitutionality of Hate-Crime Penalty Enhancer, by Jessica E. Slavin, Marquette University Law Faculty, December 19, 2008