No. 23-6567

Jonathan David Wilke v. Wisconsin

Lower Court: Wisconsin
Docketed: 2024-01-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process forfeiture harmless-error lineup photo-array witness-identification
Latest Conference: 2024-02-23
Question Presented (from Petition)

1. The Wisconsin Court of Appeals held that Jonathan forfeited his argument about Detective
Dolan's and T.J.'s testimony about T.J.'s reaction to Jonathan's photo during a photo array.
Was the Wisconsin Court of Appeals decision an erroneous application of law?

2. The Wisconsin Court of Appeals held that Jonathan's constitutional right to have his
attorney present at a live lineup was violated. But this violation was harmless error. Was this
violation harmless error?

3. Should social science be considered during the harmless error analysis in witness
identification cases?

Question Presented (AI Summary)

Was the Wisconsin Court of Appeals decision an erroneous application of law?

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2024-02-02
Waiver of right of respondent Wisconsin to respond filed.
2023-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)

Attorneys

Jonathan Wilke
Jonathan David Wilke — Petitioner
Wisconsin
Sonya Knecht BiceWisconsin Department of Justice, Respondent