Office of State Pub. Defender v. Court of Appeals
Annotate this CaseAssistant State Public Defender Steven Grunder was appointed as postconviction counsel for Michael Buchanan. On Buchanan's behalf, Grunder successfully filed a motion with the court of appeals seeking permission to cite Buchanan's presentence investigation report (PSI) in his appellate brief. The State filed a motion seeking the same permission to use the PSI for its own appellate brief. The court of appeals placed under seal all copies of Buchanan's brief and denied the State's motion for permission to cite the PSI. The State Public Defender (SPD) petitioned the Supreme Court to issue a supervisory writ vacating the court of appeals' order and clarifying that the parties in Buchanan's case did not need to ask permission before citing the PSI in their appellate briefs. The Supreme Court concluded (1) the SPD did not meet the requirements for issuance of a supervisory writ; and (2) pursuant to the Court's superintending and administrative authority, in a merit appeal, parties who are entitled "to have and keep a copy" of a PSI pursuant to Wis. Stat. 972.15(4m) need not ask any court's permission to reference a PSI in an appellate brief if the information does not reveal confidential information and is relevant to the appeal.
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