State v. Kimberly Dale Crone, 2021 WI App 29; case activity (including briefs) Think twice before driving with medication in your car or purse. This decision (recommended for publication) holds that when a sheriff stops a driver for simple speeding, and he admittedly lacks reasonable suspicion to inquire about medication bottles he sees in the… Read more
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Hemphill v. New York, No. 20-637, cert. granted 4/19/21; reversed 1/20/22; Scotusblog page Question presented: Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence otherwise barred by the Confrontation Clause. As the petition says, “[a]ll agree that a criminal defendant, like any… Read more
State v. Davonta J. Dillard, 2020AP999, 4/13/21, District 1, (one-judge decision; ineligible for publication); case activity (including briefs) Officers patrolling in Milwaukee noticed a vehicle idling and apparently unoccupied. One approached the vehicle and shined his flashlight through a window; he saw a person (Dillard) in the back seat who immediately ducked out of view… Read more
Rusk County v. A.A., Appeal No. 2019AP839 and 2020AP1580 (consolidated); certification granted 4/13/21, District 3; case activity here and here SCOW recently held that recommitment proceedings are governed only by the procedures in §§51.20(10)-(13). Waukesha County v. S.L.L., 2019 WI 66, 387 Wis. 2d 333, 929 N.W.2d 140. Thus, the procedural requirements in §§(1)-(9) do… Read more
DRW’s Council on the Protection and Advocacy for Individuals with Mental Illness is hosting a virtual event regarding mental health advocacy on April 20th from 5 to 6 p.m. It is open to everyone. DRW will share how it currently supports people with mental illness. But it really wants to hear ideas from people like… Read more
Milwaukee County v. K.M., 2019AP1166, 4/13/21, District 1; (1-judge opinion ineligible for publication); case activity The saga continues. Portage County v. E.R.R. 2019AP20133 presented the question of whether appeals from recommitment orders are ever moot due to their collateral effects. When SCOW split 3-3 in that case, it granted review in Sauk County v. S.A.M… Read more
Appellate lawyers, take note. Several recent press reports have observed that Justice Hagedorn has become the powerful swing vote on the Wisconsin Supreme Court. Yesterday’s SCOWstats post provides the data. “In 2020-21, with Justice Kelly now supplanted by Justice Karofsky, the remaining three conservatives can no longer win without Justice Hagedorn, and, with him, they… Read more
State v. Richard Michael Arrington, 2021 WI App 32; review granted 9/14/21, reversed, 2022 WI 53; case activity (including briefs) Arrington was being held at the Brown County Jail for 1st-degree homicide when another inmate, Miller, began chatting with him about his case. Turns out Miller was a snitch for State. With the assistance of… Read more
