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State v. M.H., 2015AP711, District 1, 9/1/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in concluding that M.H. had not shown that her termination of parental rights proceeding should be reopened based on her “excusable neglect” in failing to appear at the dispositional hearing. [continue reading…]

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State v. Sharod D. Weaver, 2015AP170-CR, District 3, 8/31/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Though the sentencing court made comments suggesting it mistakenly believed the OWI sentencing guidelines “don’t consider the four primary sentencing factors,” these comments don’t show the sentencing court actually believed that; rather, the court of appeals concludes, the sentencing court was saying that following the guidelines was not appropriate in Weaver’s case. Thus, the sentencing court didn’t misuse its discretion. [continue reading…]

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Columbia County v. Jessica N. Johnson, 2015AP332, District 4, 8/27/15 (one-judge decision; ineligible for publication); case activity (including briefs)

The arresting officer had reasonable suspicion to extend Johnson’s detention and ask her to do field sobriety tests based on additional information he gleaned after the initial contact with Johnson. State v. Betow, 226 Wis. 2d 90, 93-95, 593 N.W.2d 499 (Ct. App. 1999), applied. [continue reading…]

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State ex rel. Christopher W. Baade v. Brian Hayes, 2015 WI App 71; case activity (including briefs)

Section 973.155(4) says that sentence credit granted to inmates serving sentences of one year or less in a county jail or a house of correction “shall include earned good time….” That language doesn’t apply to inmates who are placed on probation and given conditional jail time with good time because probation condition time isn’t a sentence. [continue reading…]

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State v. David Francis Walloch, 2015AP574, District 2, 8/26/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The evidence presented at Walloch’s refusal hearing supported the finding that Walloch was the person the officers arrested and who refused to submit to chemical testing. [continue reading…]

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Village of Thiensville v. Conor B. Fisk, 2015AP576-FT, District 2, 8/26/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Sending the opposing party with a copy of a notice of appeal by email attachment satisfied § 800.14(1)‘s requirement that the appellant “giv[e] the municipal judge and other party written notice of appeal within 20 days of the judgment or decision.” [continue reading…]

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Batson claim strikes out

State v. Courtney J. James, 2014AP2230-CR, District 1, 8/25/15 (not recommended for publication); case activity (including briefs)

The prosecutor’s use of a peremptory strike to remove an African-American from the jury did not violate Batson v. Kentucky, 476 U.S. 79 (1986), because none of the three parts of the Batson are satisfied in this case. [continue reading…]

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Dane County DHS v. Connie H., 2015AP552, District 4, 8/20/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised it discretion when it denied Connie’s petition to revise a CHIPS dispositional order to lift a suspension of visits with her son, K.H. [continue reading…]

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