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At least two justices on US Supreme Court believe it is high time to rethink Confrontation Clause jurisprudence
In their dissents from an order denying cert, two justices leave a trail of breadcrumbs for litigators frustrated by the discordant state of the law with respect to the Constitution’s Confrontation Clause.
March 24, 2025
SCOTUS grants new trial due to prosecutor’s failure to correct false testimony
Glossip v. Oklahoma, USSC No. 22-7466, 2/25/2025; Scotusblog page (with links to briefs and commentary) In a 5-3 defense win, the legal system finally yields to the prosecutor’s concession that Glossip is entitled to a new trial.
March 23, 2025
COA concludes investigative stop was valid in OWI decision recommended for publication
State v. Jody William Solom, 2024AP691-CR, 3/19/25, District II (recommended for publication), case activity Solom appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense. He asserts the investigative stop was unlawful and should have been suppression. COA disagrees and affirms.
March 21, 2025
COA affirms restitution order where no evidence presented to contradict factual assertions; IAC claim forfeited if not raised in circuit court.
State v. Martha R. Elsila, 2024AP1444-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity COA affirms restitution order on appeal challenging witness’s credibility and claiming IAC. COA deferred to the circuit court’s credibility determination given no evidence was presented to contradict witness, and found that appellant’s IAC claim was forfeited because it was […]
SCOW clarifies that read-in offenses cannot be used to independently establish ethical violations in attorney discipline case
OLR v. Osman A. Mirza, 2023AP2369-D, February 27, 2025, (per curiam attorney discipline case) In a disciplinary case adjacent to criminal defense practice, SCOW clarifies the impact of having charges “read-in” for purposes of an OLR proceeding.
March 20, 2025
COA holds that traffic stop did not require Miranda warnings and affirms
State v. Jeremy A. Sobotik, 2024AP1976-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity In an appeal seeking to test the boundary between permissible traffic stop inquiries and interrogation requiring Miranda warnings, COA holds that the officer in question did not cross the constitutionally-imposed line and affirms.
COA finds evidence sufficient for medication order in Ch. 51; once again highlights inconsistent case law
Winnebago County v. D.P., 2024AP2391-FT, 3/19/25, District II (1-judge decision, ineligible for publication); case activity In appeal eerily similar to a SCOW case that was dismissed as improvidently granted, COA affirms and holds that the conclusory testimony supporting involuntary medication and recommitment was legally sufficient.
COA: Reasonable suspicion to stop vehicle if police know owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.
State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District III (not recommended for publication); case activity COA affirms circuit court’s order denying Tobin Jagla’s motion to suppress where police stopped the vehicle he was driving after an officer determined the registered owner of the vehicle did not have a Wisconsin driver’s license. Although officer learned during […]
- 1. Appeals
- 1. Stops, in general
- 2. Traffic stops
- C. Unpublished Opinions
- e. Mistake of fact
- G. Reasonable suspicion
- K. Standards of Review
- 23. Search & seizure
- 27. suppression decision
- 35. Search & Seizure
- 46. WI Court of Appeals
March 19, 2025
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