No. 21-210

Wisconsin v. Mark D. Jensen

Lower Court: Wisconsin
Docketed: 2021-08-13
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (6)
Tags: confrontation-clause criminal-procedure domestic-abuse emergency-exception future-crime ongoing-emergency sixth-amendment testimonial-hearsay
Key Terms:
HabeasCorpus Jurisdiction
Latest Conference: 2022-02-18 (distributed 6 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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? i

Docket Entries

2022-05-03
Record returned to the Wisconsin Supreme Court and Court of Appeals (1 envelope).
2022-05-03
Record returned to the Kenosha County Circuit Court (WI) (flash drive).
2022-02-22
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2022-02-22
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.
2022-02-11
DISTRIBUTED for Conference of 2/18/2022.
2022-02-02
Record received from the Kenosha County Circuit Court (WI) (flash drive).
2022-01-18
DISTRIBUTED for Conference of 1/21/2022.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2022-01-03
DISTRIBUTED for Conference of 1/7/2022.
2021-12-20
Record received from the Wisconsin Supreme Court and Court of Appeals (1 envelope).
2021-12-13
Record Requested.
2021-11-29
Reply of petitioner Wisconsin filed. (Distributed)
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-09
Motion for leave to proceed in forma pauperis filed by respondent Mark D. Jensen.
2021-11-09
Brief of respondent Mark D. Jensen in opposition filed.
2021-10-08
Motion to extend the time to file a response is granted in part and the time is extended to and including November 9, 2021.
2021-10-07
Motion to extend the time to file a response from October 15, 2021 to November 15, 2021, submitted to The Clerk.
2021-09-15
Response Requested. (Due October 15, 2021)
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-09-03
Waiver of right of respondent Mark D. Jensen to respond filed.
2021-08-10
Petition for a writ of certiorari filed. (Response due September 13, 2021)

Attorneys

Mark D. Jensen
Andrea Taylor CornwallWisconsin State Public Defender, Respondent
Andrea Taylor CornwallWisconsin State Public Defender, Respondent
State of Wisconsin
John Arthur BlimlingWisconsin Department of Justice, Petitioner
John Arthur BlimlingWisconsin Department of Justice, Petitioner