by admin
on March 17, 2015
State v. Rory A. McKellips, 2015 WI App 31, petition for review granted 11/16/15, reversed, 2016 WI 51; case activity (including briefs)
McKellips is entitled to a new trial on charges he used a computer to facilitate a child sex crime because the jury was erroneously instructed to decide whether McKellips’s cell phone constituted a “computerized communication system,” when it should have been instructed to decide whether McKellips’s uses of the phone constituted communication via a “computerized communication system.”
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by admin
on March 17, 2015
State v. Wade M. Richey, 2014AP1758-CR, District 3, 3/17/15 (not recommended for publication); case activity (including briefs)
In this prosecution for reckless driving causing great bodily harm and homicide by operating with a detectable amount of a controlled substance, the circuit court erroneously excluded Richey’s medical records from evidence at trial, though the error was harmless. More interesting, perhaps, is the issue arising out of the trial court’s post-verdict meeting with the jury. While it wasn’t plain error for the trial judge to meet with the jury after receiving its verdict, what happened in this case causes the court of appeals to suggest trial judges tread carefully when doing so.
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by admin
on March 15, 2015
Question presented:
Whether Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona, 536 U.S. 584 (2002). [continue reading…]
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by admin
on March 15, 2015
Question presented:
Does a conspiracy to commit extortion in violation of the Hobbs Act, 18 U.S.C. § 1951(b)(2), require that the conspirators agree to obtain property from someone outside the conspiracy? [continue reading…]
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by admin
on March 12, 2015
Dane County v. P.H., 2014AP1469, District 4, 3/12/15 (one-judge decision; ineligible for publication); case activity
Rejecting P.H.’s claim that the experts who testified based their opinions on “dated” information, the court of appeals finds the evidence was sufficient to extend P.H.’s ch. 51 commitment.
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by admin
on March 12, 2015
Milwaukee City Housing Authority v. Cobb, 2015 WI 27, reversing a published court of appeals decision; majority opinion by Justice Ziegler; case activity (including briefs)
A tenant living in federally subsidized housing does not need to be given an opportunity to remedy the default when he or she violates the lease by engaging in “drug-related criminal activity” because federal law governing subsidized public housing preempts state law right-to-remedy requirements.
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by admin
on March 11, 2015
State v. Gary Monroe Scull, 2015 WI 22, 3/5/16, affirming a published court of appeals decision; lead opinion by Justice Bradley; case activity (including briefs)
In a decision that fails to engage the real issue presented in the case, the supreme court holds that the good-faith exception to the exclusionary rule recognized in State v. Eason, 2001 WI 98, 245 Wis. 2d 206, 629 N.W.2d 625, allows the admission of evidence seized using a search warrant that was based on information collected in violation of Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013).
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by admin
on March 11, 2015
State v. Charles W. Adams, 2015 WI App 34; click here for docket and briefs.
§ 942.09(2)(am)1 prohibits recording someone in the nude, without the person’s consent, in circumstances where the person had a reasonable expectation of privacy, and where the recorder had reason to know that the nude person did not consent to the recording. This case holds that the statute protects a prostitute who is videotaped nude during commercial sexual activity.
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