Due to the public health emergency created by COVID-19, the Wisconsin Supreme Court has decided to limit temporarily the number of people who are physically present in appellate court offices and to modify temporarily certain appellate procedures. For the court’s order, click here. Our summary and explanation is below. With certain exceptions (listed below), all… Read more
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Concerned about your clients? There is good reason to be. The Marshall Project just published this piece on what it is like to be under quarantine in a Washington state prison where a prison employee tested positive for COVID-19… Read more
State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity Issues: To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980? Should the standard of review… Read more
State v. Brian Halverson, 2018AP858-CR, review of a published court of appeals opinion granted 3/17/20; affirmed 1/29/21; case activity (including briefs) Issues: Whether a person who is interrogated by police while incarcerated is “in custody” and entitled to a Miranda warning under either the federal or state constitution? Whether, under the totality of the circumstances… Read more
State v. Mitchell L. Christen, 2019AP1767-Cr, 3/17/20, District 4 (1-judge opinion; ineligible for publication); review granted 9/16/16; case activity (including briefs) Interesting case. Section 941.20(1)(b) makes operating or going armed with a firearm while under the influence of an intoxicant a misdemeanor. Christen argued that the statute violates the 2nd Amendment “as applied” to anyone… Read more
State v. Richard A. Boie, 2019AP520, 3/5/20, District 4 (not recommended for publication); case activity (including briefs) Boie appeals his jury-trial conviction for repeated sexual assault of the same child and the denial of his postconviction motion. He raises issues arising from the videotaped interview of his accuser, admitted under Wis. Stat. § 908.08. On the… Read more
State v. Corey Stauner, 2019AP81-CR, District 3, 3/10/20, (1-judge opinion, ineligible for publication); case activity (including briefs) This seems wrong. The State charged Stauner with resisting an officer and bail jumping for committing that crime. The jury acquitted him of resisting an officer but found him guilty of bail jumping. The court of appeals recognized… Read more
State v. Kelly C. Richardson, 2019AP1650-CR, District 2, 3/11/20, (1-judge opinion, ineligible for publication); case activity (including briefs) Police received a tip that Richardson appeared to be drunk while at a bank at 11:30 a.m. She left and drove to a Wal-Mart to shop. As she returned to her car, a sergeant approached and questioned… Read more
