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Vilas County DHS v. N.J.P., 2019AP1567, 12/15/20, District 3 (1-judge opinion, ineligible for publication); case activity In this appeal from an initial commitment, the county conceded that it had not offered clear and convincing evidence to mee the 4th standard of dangerousness. It asked the court of appeals to affirm the commitment based on the… Read more

Caniglia v. Strom, USSC No. 20-157, cert granted 11/20/20 Question presented: Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. Lower court decision: 953 F.3d 112 (1st Cir. 2020). Docket Scotusblog page (including links to filings and commentary) The Supreme Court announced the “community caretaking” exception to the warrant… Read more

United States v. Cooley, USSC No. 19-1414, cert. granted 11-20-20 Question presented: Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state… Read more

State v. George Steven Burch, 2019AP404-CR, certification granted 11/18/20; case activity (including briefs) Issues presented (from the certification): Did police violate Burch’s Fourth Amendment rights by: exceeding the scope of Burch’s consent to search his cell phone by downloading the phone’s entire contents, rather than only the text messages; unlawfully retaining the entire cell phone… Read more

State v. Jordan Alexander Lickes, review of a published court of appeals decision granted 11/18/20; case activity (including briefs) Issues presented (from the PfR): Does the expungement statute’s requirement that a probationer have “satisfied the conditions of probation” also mean that the probationer must perfectly comply at all times with each and every rule of probation set… Read more

State v. Jacob Richard Beyer, court of appeals certification granted 11-18-20, 2019AP1983; case activity (including briefs) Issue presented (from the certification): [W]hether the guilty-plea waiver rule applies when a defendant pleads not guilty to an offense, but stipulates to the inculpatory facts supporting each element of the offense, and explicitly agrees to a finding of guilt… Read more

State v. Daniel J. Van Linn, 2019AP1317, 11/17/20, District 3 (not recommended for publication), petition for review granted 4/27/21, affirmed, 3/22/22; case activity (including briefs) Police found Van Linn injured and intoxicated near the scene of an accident, and an ambulance took him to the hospital for treatment. At the hospital Van Linn refused an… Read more