SCOW issued an important Chapter 51 decision today. In Waukesha County v. J.J.H, Appeal No. 2018AP168 a young, deaf woman argued that the circuit court denied her due process right to sign language interpreters for her Chapter 51 probable cause hearing. The court of appeals held the matter moot and said it was unlikely to… Read more
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In the old days, SCOW issued fairly pithy, unanimous decisions. Not any more. SCOWstats’ most recent post compares the supreme courts of Wisconsin, Illinois, Minnesota, Iowa and Michigan and finds that SCOW issues far more separate opinions than the neighboring supreme courts do. Click here. Do these splintered opinions provide helpful guidance to the bench… Read more
State v. Lois M. Bertrand, 2019AP1240-CR, 2/26/20, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs). The 4th Amendment prohibits a warantless entry into the curtilage of a home unless it is supported by probable cause and exigent circumstances. State v. Weber, 2016 WI 96, ¶19, 372 Wis. 2d 202, 887 N.W.2d 554. In this… Read more
The Legal Profession Blog reports on an ugly murder case out of New Jersey. Click here. A prosecutor tried to remove a Black prospective juror, F.G., for cause. When the judge ruled against the State, the prosecutor ran a records check on F.G., found a warrant and told the judge. The judge and the prosecutor… Read more
State v. Ryan C. Diehl, 2020 WI App 16; case activity (including briefs) At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and unfairly prejudicial, trial counsel… Read more
State v. Casey T. Wittmann, 2018AP1623-CR, District 3, 2/18/20 (not recommended for publication); case activity (including briefs) Case law bars a sentencing judge from lengthening a defendant’s sentence to offset the amount of his or her presentence confinement credit. The sentencing judge in this case didn’t overstep that bar. The bar originated in Struzik v. State, 90… Read more
State v. Bartosz Mika, 2019AP1488, District 2, 2/19/20 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court appropriately exercised its discretion in continuing Mika’s refusal hearing so the state could call another witness, and the testimony of the additional witness established police had reasonable suspicion to stop Mika. After Mika was arrested… Read more
State v. Charles L. Neill, IV, 2020 WI 15, 2/14/20, reversing a published decision of the court of appeals; case activity (including briefs) In this decision the supreme court explains how to calculate the minimum fine for an OWI when the fine is subject to multiple enhancer provisions. The supreme court’s calculation is better for defendants… Read more
