Rock County Department of Human Services v. J.E.B., 2020AP1954-FT, 4/7/21, District 4 (1-judge opinion, ineligible for publication); case activity Good news/bad news. It’s terrific that the court of appeals is going to enforce the new requirement that circuit courts ground their recommitment orders on factual findings tied to a specific standard of dangerousness in §51.20(1)(a)2.a-e. … Read more
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State v. Kevin M. Jereczek, 2021 WI App 30; case activity (including briefs) Police suspected Jereczek’s son in a sexual assault and thought there might be evidence on the family desktop computer. They asked Jereczek if they could search the machine; he agreed but limited his permission to the son’s account. The examiner, Behling, didn’t… Read more
Village of Grafton v. Elizabeth A. Wesela, 2020AP1416, District 2, 4/7/21 (one-judge decision; ineligible for publication); case activity (including briefs) Wesela concedes police had reaonsable suspicion to make the initial stop of the car she was driving, but complains, fruitlessly, that the officer didn’t have reasonable suspicion to extend the stop to conduct field sobriety… Read more
State v. V.S., 2021AP136, District 1, 4/6/21 (one-judge decision; ineligible for publication); case activity The record shows the circuit court considered all of the § 48.426(3) factors relevant to determining the best interests of the child and properly applied them to the facts in deciding whether to terminate V.S.’s parental rights to D.D.S. ¶22 … Read more
State v. Markell Hogan, 2021 WI App 24; case activity (including briefs) A police officer who has experience investigating human trafficking cases and who has training from various prosecutorial and law enforcement conferences about the methods traffickers use may testify as an expert under §907.02 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579… Read more
Brown v. Davenport, No. 20-826, cert. granted 4/5/21; Scotusblog page Question presented: May a federal habeas court grant relief based solely on its conclusion that the Brecht test is satisfied, as the Sixth Circuit held, or must the court also find that the state court’s Chapman application was unreasonable under § 2254(d)(1), as the Second… Read more
On March 31, 2021, the court of appeals ordered the publication of the following criminal law related opinions: State v. James A. Jones, 2021 WI App 15 (return of bond on charges that are dismissed and read in at sentencing and for which the court doesn’t order restitution). State v. Gregory F. Atwater, 2021 WI… Read more
State v. Avant Rondell Nimmer, 2020AP878-CR, petition for review granted 3/24/21; case activity (including links to briefs and PFR) Issue presented (composed by On Point): Did police responding to a ShotSpotter alert of shots fired have reasonable suspicion to stop and frisk Nimmer based on his proximity to the address in the alert so close… Read more
