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Wisconsin v. Mark D. Jensen

Paid petition · Supreme Court of Wisconsin, No. 2018AP1952-CR · judgment March 18, 2021

Certiorari denied · February 22, 2022
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below, and a petition citing one or two dissents.

Questions presented

Before Julie Jensen died, she told a police officer acquaintance that she was not suicidal and that if she died, the police should look at her husband, Mark Jensen, as a suspect. The Wisconsin Supreme Court held that these statements were testimonial hearsay whose admission violated Jensen’s confrontation rights at his trial for killing Julie. The questions presented are:

  1. Can a person’s statement expressing fear about a possible future crime be testimonial under the Sixth Amendment’s Confrontation Clause?

  2. When a person reports ongoing psychological domestic abuse and expresses fear about future physical harm, is the person’s statement aimed at ending an ongoing emergency such that it is non-testimonial?

Counsel of record

For petitioner
John Arthur Blimling
Wisconsin Department of Justice

For respondent
Andrea Taylor Cornwall
Wisconsin State Public Defender

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 6 conferences

Order
Order list, February 22, 2022 · Certiorari denied

Proceedings

  1. May 03 2022
    Record returned to the Kenosha County Circuit Court (WI) (flash drive).
  2. May 03 2022
    Record returned to the Wisconsin Supreme Court and Court of Appeals (1 envelope).
  3. Feb 22 2022
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
  4. Feb 22 2022
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  5. Feb 11 2022
    DISTRIBUTED for Conference of 2/18/2022.
  6. Feb 02 2022
    Record received from the Kenosha County Circuit Court (WI) (flash drive).
  7. Jan 18 2022
    DISTRIBUTED for Conference of 1/21/2022.
  8. Jan 10 2022
    DISTRIBUTED for Conference of 1/14/2022.
  9. Jan 03 2022
    DISTRIBUTED for Conference of 1/7/2022.
  10. Dec 20 2021
    Record received from the Wisconsin Supreme Court and Court of Appeals (1 envelope).
  11. Dec 13 2021
    Record Requested.
  12. Nov 29 2021
    Reply of petitioner Wisconsin filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  13. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  14. Nov 09 2021
    Brief of respondent Mark D. Jensen in opposition filed.
    Main DocumentProof of Service
  15. Nov 09 2021
    Motion for leave to proceed in forma pauperis filed by respondent Mark D. Jensen.
    Main DocumentProof of Service
  16. Oct 08 2021
    Motion to extend the time to file a response is granted in part and the time is extended to and including November 9, 2021.
  17. Oct 07 2021
    Motion to extend the time to file a response from October 15, 2021 to November 15, 2021, submitted to The Clerk.
    Main Document
  18. Sep 15 2021
    Response Requested. (Due October 15, 2021)
  19. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  20. Sep 03 2021
    Waiver of right of respondent Mark D. Jensen to respond filed.
    Main Document
  21. Aug 10 2021
    Petition for a writ of certiorari filed. (Response due September 13, 2021)
    PetitionAppendixProof of Service