2003 WI 107 - State v. Lo

How this case has been cited

Cited by 61 later decisions — most recently March 2022 · most notably State v. Allen (2004), State v. Balliette (2011)

6 federal appellate · 50 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

ANN WALSH BRADLEY, J.

¶1¶ 86. (concurring in part, dissenting in part). I agree with the majority opinion that State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), correctly interpreted Wis. Stat. § 974.06(4) and remains good law. I therefore join Parts I and II of the majority opinion.

¶2¶ 87. However, I part ways with the majority opinion with respect to whether State v. Head, 2002 WI 99, 255 Wis. 2d 194, 648 N.W.2d 413, should be applied *39retroactively on collateral review. Instead, I agree with the conclusion in Part II of Chief Justice Abrahamson's dissent that "Head represents a new interpretation of substantive law that, under Howard, enjoys the presumption of retroactive application to cases on direct review and cases on collateral review." Chief Justice Abrahamson's dissent, ¶ 119.1 therefore join Part II of the Chief Justice's dissent.

¶3¶ 88. Accordingly, I respectfully concur in part and dissent in part.