State ex rel. Jamie A. Coogan v. Steven R. Michek, Sheriff, Iowa County, 2020 WI App 37; case activity (including briefs) A jail’s classification system can’t supersede a sentencing judge’s grant of Huber release. Jails are required to have a classification system, § 302.36, but that statute says precious little about what the system has… Read more
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On May 27, 2020, the court of appeals ordered the publication of the following cases decided in April and May (as there was no April publication list): Marathon County v. R.J.O., 2020 WI App 20 (counties need not attempt personal service of ch. 51 recommitment petitions) State v. Provost, 2020 WI App 21 (no speedy… Read more
State v. Donald Simon Mullen and County of Waukesha v. Donald Simon Mullen, 2019AP1187 & 2019AP1188, 5/20/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Mullen pulled his car into a bar parking lot around 1:30 a.m. and a passing officer took interest. He pulled into the lot also, and parked behind… Read more
State v. Tammy Genevieve Hardenburg, 2019AP1399-CR, 5/27/20, District 1; case activity (including briefs) At Hardenburg’s OWI trial, the court admitted three blood test reports by three different analysts, but only one of them testified. Hardenburg argued that the testifying analyst served as a conduit for the opinions by the other two in violation of the… Read more
Lawyers appointed to take State Public Defender cases are often asked to transfer their client files to successor counsel. SCOW just suspended one lawyer’s license for 5 months partly because he failed to turn over a client file, which hampered successor counsel’s representation. Read OLR v. Peter J. Kovac. This is a good reminder that our… Read more
State v. Adam W. Vice, 2020 WI App 34, petition for review granted 8/30/20, reversed, 2021 WI 63; case activity (including briefs) This is a “recommended for publication”, split court of appeals opinion where the State lost in a child sexual assault case. In other words the State will surely petition for review, and SCOW… Read more
On May 22, the supreme court issued new orders addressing trial and appellate court operations as the state begins to “re-open” from the restrictions aimed to limit the spread of Covid-19. If you’re a postconviction and appellate lawyer, read the order concerning appellate court operations and remote proceedings. Of note: (1) the provisions tolling deadlines… Read more
State v. Angel Mercado, 2018AP2419-CR, petition for review of a published decision granted 5/19/20; reversed 1/20/21; case activity Issues (from the State’s petition for review): 1. Did the court of appeals contravene §901.03(1)(a) when it directly reviewed Mercado’s forfeited challenges to the admission of the victims’ forensic interview videos into evidence? 2. Did the circuit… Read more
