Monday, March 1, 2010

Supreme Court arguments March 2, 2010

9:45 a.m. State v. Hess (2008AP2231-CR) review of the Court of Appeals decision, 2009 WI App 105, 770 N.W.2d 769 (2009) on the issue:
Did the good-faith exception to the exclusionary rule (see State v. Eason, 2001 WI 98, 245 Wis. 2d 206, 629 N.W.2d 625) apply when evidence of a crime was discovered by a law enforcement officer while executing an arrest warrant that was improperly issued by a circuit court?
Synopsis at Supreme Court accepts seven new cases


10:45 a.m. State v. Sveum (2008AP658-CR) review of the Court of Appeals decision, 2009 WI App 81, granted on the issues:
Does a warrantless placement of a Global Positioning System (GPS) tracking device on a vehicle and its subsequent 24-hour monitoring of the vehicle’s location on public roads by police violate the Fourth Amendment to the United States Constitution?

Does the Wisconsin Electronic Surveillance Control Law (Wis. Stat. §§968.27-.37) require judicial approval for the police to place a GPS tracking device on a vehicle to record its travel?


1:30 p.m. Mercycare Ins. Co. v. Wisconsin Commissioner of Insurance (2008AP2937) certification by the Court of Appeals accepted on the issues:
Whether Wis. Stat. §632.895(7) permits an insurer to exclude maternity coverage for an insured acting as a surrogate mother.

What level of deference, if any, should be accorded by the court to a decision issued by the Office of the Commissioner of Insurance?
Synopsis at Supreme Court accepts seven new cases