On August 31, 2020, the court of appeals ordered publication of the following criminal law related cases: State v. Donnie Gene Richards, 2020 WI App 48 (application of Mitchell v. Wisconsin regarding warrantless blood draws of unconscious drivers) State v. Yancy Kevin Dieter, 2020 WI App 49 (another warrantless blood draw justified by exigent circumstances)… Read more
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State v. Nathaniel R. Lecker, 2020 WI App 65; case activity (including briefs) The application of a statute to undisputed facts is a question of law. This is an incontrovertible maxim of appellate review. “Question of law” sounds so august and erudite and specialized, doesn’t it? A question of law is a question into which… Read more
State v. M.E., 2019AP2228, 9/1/2020, District 1 (one-judge decision; ineligible for publication); case activity M.E. was adjudicated delinquent after a bench trial. During the trial, the judge overheard a conversation between a state’s witness and the prosecutor that led her to believe her sequestration order had been violated. M.E. argues the judge was disqualified because… Read more
State v. K.A.B., 2020AP962, 9/1/20, District 1 (one-judge decision; ineligible for publication); case activity K.A.B. appeals the termination of her parental rights to her daughter, L.B. L.B. had been with a foster family since birth, and the court found that both the continuing CHIPS and failure to assume grounds were proved. On disposition, the court… Read more
State v. Tavodess Matthews, 2018AP2142, petition to review a published court of appeals decision granted 8/26/20; case activity (including briefs) Issue presented: Is an adjourned probable cause hearing under ch. 980 a “preliminary contested matter” that terminates litigants’ opportunity to request judicial substitution? Because this is a ch. 980 sexually violent person commitment case, it… Read more
State v. D.S., 2019AP2230 through 2019AP2233, District 1, 8/25/30 (one-judge decision; ineligible for publication); case activity D.S. challenges the orders terminating her parental rights to her children on the ground, first because her lawyer was unable to appear and represent her at a pretrial hearing because his law license was temporarily suspended, second because trial… Read more
That’s the title of a recent N.Y. Times article about Washington state’s internet “sex predator” stings. It tells stories that will sound familiar to all of our readers who’ve handled similar cases in Wisconsin… Read more
State v. Adam W. Vice, 2018AP2220-CR, petition for review of a published, split opinion granted August 20, 2020, case activity Issue for review: (State’s petition for review; Vice’s response) During a post-polygraph interview, police repeatedly referenced Vice’s polygraph test results and failed to inform him that the results would be inadmissible in court. Did the… Read more
