STATE EX REL. DAVIS v. CIRCUIT COURT FOR DANE COUNTY

No. 2022AP1999-W.

2024 WI 14

State of Wisconsin ex rel. Antonio S. Davis, Petitioner, v. Circuit Court for Dane County, Honorable Ellen K. Berz and State of Wisconsin, Respondents.

Supreme Court of Wisconsin.

Opinion Filed: March 26, 2024.


Attorney(s) appearing for the Case

For the petitioner, there were briefs filed by Kelsey Loshaw , assistant state public defender. There was an oral argument by Kelsey Loshaw , assistant state public defender.

For the respondents, there was a brief filed by Jennifer L. Vandermeuse , assistant attorney general, with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Jennifer L. Vandermeuse , assistant attorney general, and Abigail C.S. Potts , assistant attorney general.

An amicus curiae brief was filed by Ellen Henak, Robert R. Henak, and Henak Law Office, S.C., Milwaukee, on behalf of Wisconsin Association of Criminal Defense Lawyers.

An amicus curiae brief was filed by Kelli S. Thompson, Faun M. Moses, and Office of the State Public Defender, Madison, on behalf of Wisconsin State Public Defender.

PROTASIEWICZ, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, DALLET, and KAROFSKY, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a concurring opinion. HAGEDORN, J., filed a concurring opinion. ZIEGLER, C.J., filed a dissenting opinion.


¶1 The State charged Antonio Davis with misdemeanor battery and disorderly conduct. Before the State Public Defender (SPD) could appoint counsel for Davis, a court commissioner conducted a combined initial appearance and arraignment, entered a not guilty plea on Davis's behalf, and scheduled further proceedings before...

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