Orin Kerr at Volokh Conspiracy has posted an essay on a recent federal district court decision regarding the legality of so-called “geofence” warrants, which involve law enforcement getting access to Google’s cell phone location data and using the data to advance a criminal investigation. Google apparently imposes its own sort of “warrant” requirement, and the basic… Read more
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State v. Michael Nelson, 2021AP1133-CR, 3/9/22, District 2 (1-judge opinion, ineligible for publication); case activity Nelson, who values his right to bear arms, pled guilty to several crimes, including disorderly conduct and domestic violence. As a condition of his probation, he was barred from possessing firearms. Postconviction, he claimed that his trial lawyer incorrectly advised… Read more
Nancy Kindschy v. Brian Aish, 2022 WI App 17; case activity (including briefs), reversed by Kindschy v. Ash, 2024 WI 27. Kindschy, a nurse practitioner at a Planned Parenthood clinic, obtained a harassment injunction against Aish, an anti-abortion protestor. On appeal, Aish argued that his conduct did not qualify as “harassment” as defined by §813.125… Read more
State v. Jennifer A. Jenkins, 2020AP1243-CR, 3/1/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Jenkins, convicted of OWI 2nd, raised some interesting and unusual challenges to the trial court’s order denying her motion to suppress. (1) The arresting officer’s testimony was incredible as a matter of law. (2) He unlawfully stopped… Read more
State v. Shane Allan Stroik, 2022 WI App 11; case activity (including briefs) A jury convicted Stroik of the sexual assault of a then-five-year old girl, “Amy,” the daughter of his girlfriend. Postconviction, Stroik brought a slew of claims for a new trial; the circuit court rejected them all. The court of appeals now holds… Read more
State v. Ronald Henry Griffin, 2020AP1750-CR, 2/22/22, District 1; case activity (including briefs) Griffin and his friend, Taylor, were charged with sexually assaulting T.H. Taylor pled and agreed to testify against Griffin, who went to trial and was found guilty. He filed a pro se appeal arguing that (1) the State failed to turn over… Read more
State v. N.H., 2021AP2035-2039, 2/22/22, District 1 (1-judge opinion, ineligible for publication); case activity A trial court terminated N.H.’s parental rights to her 5 children. On appeal she argued that there was insufficient evidence to support findings that she was an unfit parent and that terminating her rights was in the best interest of her… Read more
This week’s edition of SCOWstats focuses on judicial activism as seen in the justices’ votes on petitions for original actions. Typically it is conservative justices who call liberal justices “judicial activists.” SCOWstats’s analysis of original action petitions filed in 2020-2021 suggests that it is conservative justices who want to dispense with procedure in order to… Read more
