State v. Sarah J. Katula-Talle, 2019AP1622-CR, District 3, 10/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer had contact with Katula-Talle while responding to a domestic disturbance call. The department’s standard procedure in those situations is to run a driver’s license and warrant check on everyone the officers have contact with… Read more
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Portage County v. E.R.R., 2020AP870-FT, District 4, 10/1/20 (one-judge decision; ineligible for publication); case activity As the supreme court recently emphasized, at a proceeding to extend a ch. 51 commitment, proving dangerousness under § 51.20(1)(am) requires evidence establishing that the person is likely to be dangerous under one of the specific standards in § 51.20(1)(a)2… Read more
On September 30, 2020, the court of appeals ordered publication of the following criminal law related decisions: State v. Morgan E. Geyser, 2020 WI App 58 (adult court didn’t lose jurisdiction over juvenile based on facts at preliminary hearing; Miranda waiver was knowing, voluntary, and intelligent) State v. Jordan Alexander Lickes, 2020 WI App 59… Read more
State v. Jacob Richard Beyer, 2019AP1983, 9/24/20, District 4; case activity (including briefs); certification granted 11/18/20, reversed, 2021 WI 59 Wisconsin courts apply a robust guilty-plea waiver rule: in general, a plea will block a defendant from appealing any issue litigated before the plea. There is one important statutory exception: Wis. Stat. § 971.31(10) entitles… Read more
State v. Synika Antonio Kirk, 2019AP175, 9/22/20, District 3 (not recommended for publication); case activity (including briefs) You know, those semis that carry like 6 or 10 cars. Kirk owned a 1989 Jaguar that was riding on such a vehicle along with several other cars. A Kansas trooper pulled the truck over and asked to… Read more
State v. Raymond R. Barton, 2019AP1990, 9/24/20, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Barton was convicted at trial of three counts involving battery of his adult stepson. He argues the trial court should have granted the mistrial he asked for when his daughter testified she was afraid that something had… Read more
State v. D.Q., 2020AP1109, 9/22/20, District 1 (one-judge decision; ineligible for publication); case activity D.Q. fathered a child, K.C., with a woman here called N.E.C. D.Q. wasn’t involved with K.C. for three years after her birth; he had reason to suspect he was the father but did not seek to confirm this by testing. During… Read more
State v. Scott W. Heimbruch, 2020 WI App 68; case activity (including briefs) When an officer arrests a driver either for OWI or for causing death or great bodily harm without suspicion of OWI and requests a chemical test, he must read the driver the legislatively prescribed “Informing the Accused” form. See §343.305(3) and (4)… Read more
