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Judicial Council Index

Preliminary Examinations Committee              Folder: 1 of 2

0. Wisconsin v. Hersbel Charles Young, criminal complaint

1. Selections from A Model Code of Pre-Arraignment Procedure, Complete Text and Reporters’ Commentary

1.1 ABA Standards Relating to the Administration of Criminal Justice, approved draft 1978

1.2 Betty R. Brown, The Wisconsin District Attorney and the Criminal Case (1977), p. 91-97

1.3 Committee Report from Ad Hoc Committee on the Study of Preliminary Hearings to The Criminal Law Section of the Judicial Conference regarding Abolition of Preliminary Hearings

1.4 Uniform Post-Conviction Procedure Act (1980) drafted by the National Conference of Commissioners on Uniform State Laws

1.5 Selections from Standards for Criminal Justice volume II from the American Bar Association

1.6 Letter of October 22, 1980, to James Fullin from J. Denis Moran with attached resolution regarding abolition of preliminary hearings

1.7 1981 Senate Bill 163, LRB-2159/3 dated February 25, 1981

2. Letter of August 19, 1981, to Preliminary Examinations Committee members from James Fullin regarding initial meeting. Accompanied by list of committee members and various maps. Also accompanied by a letter of August 1, 1981, to members of the Judicial Council and Council committees from James Fullin regarding travel expense guidelines and voucher instructions. In addition, photocopies are attached of “Discovery and Procedure Before Trial”, Standards for Criminal Justice; The Wisconsin District Attorney and the Criminal Case, by Betty R. Brown; and the “Preliminary Examination”, Defense of Criminal Cases in Wisconsin

3. Letter of August 20, 1981, to James Fullin from Bronson C. La Follette regarding appointment to committee

4. Letter of August 20, 1981, to James Fullin from E. Michael McCann regarding participation in committee

5. Agenda and Summary of Proceedings of September 4, 1981 meeting of the Preliminary Examinations Committee

6. Letter of September 18, 1981 to Rep. David Prosser from James Fullin

7. Agenda and Summary of Proceedings of September 25, 1981 meeting of the Preliminary Examinations Committee

8. Letters of September 28 and October 5, 1981, between Walter J. Dickey and C. Paul Jones

9. Letter of September 29, 1981, to Paul Lindholm from Walter J. Dickey. Accompanied by letter of September 11, 1981, to Paul Lindholm from James Fullin regarding Minnesota’s abolition of preliminary examinations

10. Letter of September 29, 1981, to James T. Remington from Walter J. Dickey. Accompanied by letter of September 11, 1981, to James T. Remington from James Fullin regarding Minnesota’s abolition of preliminary examinations

11. Letter of September 29, 1981, to C. Paul Jones from Walter J. Dickey. Accompanied by letter of September 11, 1981, to C. Paul Jones from James Fullin regarding Minnesota’s abolition of preliminary examinations

12. Membership list of Preliminary Examination Committee, revised 10/1/81

13. Letter of October 6, 1981, to Walter J. Dickey from Paul E. Lindholm regarding preliminary hearings

13.1 State v. Roger W. Williams , nos. 79-1985-CR and 79-1986-CR

13.2 Letter of October 8, 1981, to James Fullin, Jr. from Jack E. Schairer regarding State v. Roger Williams, et al.

14. Letter of October 9, 1981, to Preliminary Examination Committee from James Fullin regarding preliminary examinations

15. Agenda and Summary of Proceedings of October 16, 1981, meeting of the Preliminary Examinations Committee

16. Letter of November 4, 1981, to Vernon Hunt from James Fullin regarding frequency with which pretrial motion hearings are held in felony cases

17. Letter of November 6, 1981, to the Preliminary Examinations Committee from James Fullin regarding abolition of the preliminary examination

18. Letter of November 9, 1981, to Preliminary Examination Committee from James Fullin regarding trial rate and preliminary examination waiver rate data for Wisconsin

19. Agenda and Summary of Proceedings of November 13, 1981, meeting of the Preliminary Examinations Committee

20. Letter of November 19, 1981, to James Fullin from Michael L. Zaleski regarding mandatory exchange of witness lists statute. Accompanied by photocopy of Criminal Law Reporter article of November 4, 1981

21. Barron Proposal Draft A-1to repeal, renumber, amend and create statutes relating to limiting preliminary hearings to felony defendants unable to obtain bail release, allowing hearsay evidence at such hearings and consolidating evidentiary hearings on pretrial motions. Leonard Proposal Draft B-1, an Act to amend 967.04 (1), relating to permitting the court to order a witness in a criminal case to submit to a deposition. Zaleski Proposal Draft C-1, an Act to amend 971.23 (3), relating to requiring the parties to a felony case to exchange witness lists at arraignment. Myse Proposal Draft D-1, an Act to repeal, amend and create various statutes relating to allowing hearsay to be admitted into evidence at preliminary examinations and revising the laws governing pretrial discovery in criminal cases. MCPP 330.4 (4) Draft E-1, an Act to amend s. 970.03 (11), relating to allowing hearsay evidence to be admitted at preliminary examinations

21.1 MCPP 330.5 (3) Draft F-1, dated 1/8/82

22. Agenda and Summary of Proceedings of December 18, 1981, meeting of the Preliminary Examinations Committee

23. Agenda and Summary of Proceedings of January 15, 1982, meeting of the Preliminary Examinations Committee

24. Agenda of February 10, 1982, meeting of the Preliminary Examinations Committee

24.1 Draft G-1 “Instant Arraignment”, dated 2/12/82

25. Letter of February 17, 1982, to James Fullin from J. Denis Moran regarding Wis. Stats. ss. 973.09. Accompanied by letter of Decmber 14, 1981, to J. Denis Moran from Dave Schultz

26. Letter of February 18, 1982, to James Fullin from Steve White regarding A.B. 1016

27. Summary of Proceedings of February 19, 1982, meeting of the Preliminary Examinations Committee. Copy of proposed s. 970.03 (11) (a) to amend 971.01 (2), 971.05 (intro), and 971.20 ((4)) ((1)); and to create 970.03 (11) (b), relating to allowing proof by affidavit at preliminary examinations and eliminating delay between preliminary examination and arraignment

27.1 State v. Daniel J. Bauer, no. 81-707-CR

28. Agenda and Summary of Proceedings of March 19, 1982, meeting of the Preliminary Examinations Committee

29. Draft Report of Preliminary Examinations Committee to Judicial Council dated March 19, 1982

29.1 Letter of March 19, 1982, to Rep. Jim Rutkowski from James L. Fullin, Jr.

29.2 Memorandum of March 20, 1982, to Jim Fullin from Dave Schultz

30. Letter of March 23, 1982, to Donald E. Percy from Bronson C. La Follette relating to crediting of time served for revoked probationers and parolees

31. SM-34A Determining Sentence Credit Under Section 973.155 dated April 1, 1982

32. Correspondence dated April 7, 1982, from Marilyn L. Graves, Clerk of Court of Appeals, notifying #81-2256-CR State v. Richard Weber (T.C. #80-CM-347) was entered by the Court

33. Agenda and Summary of Proceedings of April 23, 1982, meeting of the Preliminary Examinations Committee. Accompanied by drafts of s. 973.09 (4): Schultz proposal, Dickey proposal, Myse proposal, and Fullin proposal

34. Draft Report of Preliminary Examinations Committee to Judicial Council dated April 23, 1982

35. Report of Preliminary Examinations Committee to Judicial Council dated April 23, 1982. Accompanied by List of Appendices

36. Letter of May 6, 1982, to Justice Shirley S. Abrahamson from James Fullin

37. Letter of May 14, 1982, to Preliminary Examinations Committee from James Fullin. Letter is regarding whether giving credit for jail time served, as a condition of probation in felonies but not misdemeanors would violate equal protection

37.1 Letter of May 19, 1982, to Jim Fullin from Guy D. Reynolds regarding proposed revisions of 973.09 (4)

38. Agenda and Summary of Proceedings of May 21, 1982, meeting of the Preliminary Examinations Committee. Accompanied by: Supplementary Report of Preliminary Examinations Committee dated June 18, 1982; a May 22, 1982 letter to James Fullin from Margaret A. Maroney regarding credit for condition of probation time; a May 19, 1982, letter to James Fullin from Guy D. Reynolds regarding proposed revisions of s. 973.09 (4); a May 19, 1982, letter to the Judicial Council from Judge Albert L. Twesme regarding preliminary examinations; and a May 21, 1982, letter to James Fullin from Charles Bennett Vetzner regarding possible changes to s. 974.06

39. Letter of May 26, 1982, to Walter Dickey from Dave Schultz regarding credit for jail time as a condition of probation

40. Letter of May 27, 1982, to Albert L. Twesme from James Fullin regarding exempting preliminary examinations from the Rules of Evidence

41. Letter of June 4, 1982, to William M. Coffey from Walter J. Dickey

42. Letter of June 10, 1982, to James L. Fullin from Michael L. Zaleski regarding the utilization of court commissioners at preliminary examinations

43. Letter of June 10, 1982, to James Fullin from Francis R. Croak regarding use of court commissioners to conduct preliminary examinations

44. Letter of July 2, 1982, to William M. Coffey from John J. Kircher and Walter J. Dickey

44.1 Petition in the Matter of the Amendment of Rules of Civil Procedure Statutes Pertaining to Criminal Procedure Rules of Appellate Procedure Supreme Court Rules

44.2 Letter of October 6, 1982, to James Fullin, Jr. from Judge Lee Wells regarding Consideration of Rule Granting Credit to Defendants for Time Spent in Jail Under the Work Release Provision of a Probationary Sentence

44.3 Letter of October 7, 1982, to Justices of the Wisconsin Supreme Court from Raymond M. Dall’Osto regarding Individual Rights Section Comments on Judicial Council’s Proposed Amendments

45. Letter of October 15, 1982, to Supreme Court Justices from James Fullin regarding s. 872 of the California Penal Code

46. Letter of October 21, 1982, to Honorable Bruce E. Beilfuss, et. al from Walter J. Dickey regarding proposed rules on the preliminary examination

47. Analysis by the LRB of an Act to renumber 970.03 (11); to amend 970.02 (1) (c), 971.01 (2), 971.02 (1), 971.05 (intro.) and 971.20 (4); and to create 757.69 (1) (I), 757.69 (3) (j) and 970.03 (11) (b) of the statutes, relating to preliminary examinations and other criminal proceedings prior to trial. Accompanied by: Letter with attached resolution dated October 22, 1980, to James Fullin from J. Denis Moran

48. Fiscal Estimate regarding preliminary examinations and other criminal proceedings prior to trial, LRB 2326 dated 5/2/83

Subject: Preliminary Examinations Committee               Folder: 2 of 2

1. Lock v. State, 609 P.2d 539 (Ala. 1980)

2. North Carolina v. Pearce

3. People v. Sturdivant , 312 N.W.2d 622 (Mich. 1981)

4. State v. Wills, 69 Wis.2d 489

5. People v. Collie, 177 Cal. Rptr. 458

6. Jerry E. Norton, Criminal Discovery: Experience Under the American Bar Association Standards , 11 Loyola University L. J. 661 (1980)

7. Debra T. Landis, Annotation, Propriety of Consideration of Credibility of Witness in Determining Probable Cause at State Preliminary Hearing , 84 A.L.R. 3d 811

8. 1981 Cal. Stat. ss. 872

9. Desk Copy Minnesota Rules of Court 1981

10. State v. Florence 306 Minn. 442

11. Membership list of Judicial Council Preliminary Examination Committee

12. Criminal Discovery – Comparison of Federal Discovery and the ABA Standards with the New Statutory Provisions in Wisconsin , 1971:583, no.2 Wis. L. Rev. 614

13. Fla. R. Crim. P. 3.220

14. Vt. R. Crim. P. 15

15. Wis. Stat. ss 973.10, 973.155

16. Bergenthal v. Mathews, 392 F. Supp. 1267 (1975)

17. Peterson v. State, 54 Wis.2d 370

18. Wisconsin’s Post-Conviction Procedure Act – Custody Requirements – What it Takes to be Part of the “In” Crowd , 1971:583, no.2 Wis. L. Rev. 636

19. Howard B. Eisenberg, Post-Conviction Remedies in the 1970’s , 56 Marquette L. Rev. 69 (1972)

20. Comments, Wisconsin Post Conviction Remedies – Habeas Corpus: Past, Present and Future , 1970:1145, no.4 Wis. L. Rev. 1145

21. National Confer of Commissioners on Uniform State Laws, Uniform Post-Conviction Procedure Act (1980)

22. Appendix A Ch. 102 (A.B. 1016) Appendix B

23. Form sent to the Judicial Council and Committee members from James Fullin

24. S. 968.06 and s. 970

25. Gerstein v. Pugh

26. A model code of pre-arraignment procedure. Complete text. Adopted by the American Law Institute.

27. Membership list of Preliminary Examination Committee

28. State v. Young

29. An Act to renumber 970.03 (11) (a)…

30. An Act to renumber 970.03 (11) (a)…, with handwritten comments

31. Court Rules State of Wisconsin – In Supreme Court

32. Assembly Bill 87…

33. State ex rel. Perry v. Wolke, 71 Wis. 2d 100

34. State v. Holmes, 106 Wis.

35. Annotation Propriety of Consideration of Credibility of Witness in Determining Probable Cause at State Preliminary Hearing / by Debra T. Landis, J.D.

36. Commencement of Criminal Proceedings, 9xx Stats.

37. ss. 2254 State Custody; remedies in Federal Courts 2d 31

38. Howard B. Eisenberg, Post-Conviction Remedies in the 1970s , 56 Marquette Law Review 69 (1972)

39. Jerry E. Norton, Criminal Discovery : Experience Under the American Bar Association Standards , 11 Loyola University Law Journal 661 (1980)

40. People of the State of Michigan v. Richard Leroy Studivant People of the State of Michigan v. Stanley Lee Robinson, Jr.

41. Florida Rules of Criminal Procedure, VI Discovery

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