Jan 18, 20231 min read
SCOTUS to consider mental state requirement for "true threats"
Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; Scotusblog page (containing links to briefs and commentary) Question...
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Jan 17, 20231 min read
SCOTUS takes two cases having implications for our noncitizen clients
The Immigration and Nationality Act, 8 U.S.C. 1101 et seq. renders deportable noncitizens who are convicted of aggravated felonies after...
Jan 17, 20232 min read
SCOW ignores import of withheld evidence; declares it "immaterial"
State v. Jeffrey L. Hineman, 2023 WI 1, 1/10/23, reversing a per curiam court of appeals opinion, 2020AP226, case activity (including...
Jan 16, 20234 min read
A bad decision on whether courts should conduct colloquies in ch. 51 cases
Kenosha County v. L.A.T., 2022AP603, 1/11/22, District 2; (1-judge opinion, ineligible for publication); case activity This appeal...
Jan 16, 20232 min read
COA finds evidence for 4th standard recommitment was sufficient
The circuit court recommitted T.M.S. based on the 3rd and 4th standards of dangerousness. On appeal, he challenged the sufficiency of the...
Jan 11, 20232 min read
COA upholds $500 restitution award based solely on victim's unsupported testimony
State v. Jeffrey W. Butler, 2021AP2212-CR, 1/11/23, District 2 (one-judge decision; ineligible for publication); case activity (including...
Jan 10, 20234 min read
Defense win! Circuit court properly excluded other acts as propensity evidence
State v. Clinton D. Clucas, 2022AP965, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including...
Jan 10, 20232 min read
COA: license suspension for 25 over in a 55 applies where 55 is posted
State v. Tisha Lee Love, 2022AP1422, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including...
Jan 9, 20233 min read
Defense win! Officer's "grossly negligent, if not reckless" search exceeded scope of warrant
A jury convicted Lancial of 10 counts of possession of child pornography. On appeal, he argued that (1) the State's evidence was...
Jan 3, 20234 min read
COA takes tough stand on Wisconsin's accident reporting statute
County of Monroe v. Kling, 2022AP339, 12/30/22, District 4, (1-judge opinion, ineligible for publication); case activity (including...
Jan 3, 20235 min read
Defense Win! COA upholds suppression of evidence obtained from defendant's Dropbox account
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs) In this important decision addressing a novel Fourth Amendment...
Jan 3, 20232 min read
SCOTUS considering cert petition on use of acquitted conduct at sentencing
The indispensable and indefatigable Doug Berman recently posted about an interesting sentencing-related petition for certiorari pending...
Jan 3, 20232 min read
SCOW will address the application of the "unmistakable odor of marijuana" standard in State v. Se...
State v. Quaheem O. Moore, 2021AP938-CR, petition for review of an unpublished court of appeals decision granted 12/21/22; reversed 2023...
Jan 3, 20233 min read
Defense win: Defendant entitled to withdraw plea on count for which the circuit court failed to e...
State v. Damon D. Taylor, 2021AP272-CR, District 4, 12/30/22 (not recommended for publication); case activity (including briefs) Taylor...
Jan 2, 20231 min read
Use of preliminary hearing testimony when witness is unavailable at trial
There's an interesting petition for writ of certiorari on this issue pending in SCOTUS. As this post from the Confrontation Blog...
Jan 2, 20232 min read
Evidence sufficient for initial commitment under 4th standard
Marathon County v. L.A.R., 2022AP1226-FT, 12/29/22, District 3 (one-judge opinion; ineligible for publication); case activity "Laura" has...
Dec 29, 20222 min read
Partial summary judgment in TPR case affirmed
C.K. and A.K. v. K.L., 2022AP1289, District 4, 12/22/22 (one-judge decision; ineligible for publication); case activity The circuit court...
Dec 28, 20221 min read
December 2022 publication order
On December 21, 2022, the court of appeals ordered the publication of the following criminal law related decisions: State v. Dreama F....
Dec 28, 20222 min read
COA declines to consider constitutional challenge to ordinance because defendant failed to serve ...
State v. Kevin Richard Raddemann, 2022AP668-CR, 12/21/22, District II (1-judge opinion, ineligible for publication); case activity...
Dec 28, 20222 min read
Defendant failed to make timely jury demand in OWI 1st case
Washington County v. Justin David Dettmering, 2022AP941, District 2, 12/21/22 (one-judge decision; ineligible for publication); case...
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