State v. Toby J. Vandenberg, 2018AP1810-CR, District 3, 12/23/19 (not recommended for publication); case activity (including briefs) Vandenberg pled no contest to OWI 7th. The state agreed to cap its sentencing recommendation at four years of confinement and four years of extended supervision. At sentencing Vandenberg’s lawyer, while saying there was “a strong argument there’s… Read more
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State v. James L. Jackson, 2020 WI App 4; case activity (including briefs) Jackson pleaded to the crime of failing to give updated information to the sex offender registry. The information at issue was the fact that he’d created a Facebook account and email address. This ran afoul of Wis. Stat. § 301.45(2)(a)6m., which requires… Read more
State v. S.E.M.T., 2019AP1004, 12/19/19, District 4 (1-judge opinion, ineligible for publication); case activity S.E.M.T., who is cognitively disabled, was accused of committing sexual assault and armed robbery (brandishing a stick) at age 16. The circuit court didn’t erroneously exercise its discretion when it waived him into adult court. The record for this case is confidential… Read more
State v. D.I.H., 2019AP1874, District 1, 12/27/19 (one-judge decision; ineligible for publication); case activity D.I.H. challenges the order terminating the parental rights of her mother and father, arguing the circuit court erroneously exercised its discretion in concluding that termination was in her best interests. The court of appeals affirms. D.I.H.’s main arguments are that severing… Read more
Adoptions of Wisconsin, Inc. v. N.R.K., 2019AP1726, 12/27/19, District 3 (one-judge decision; ineligible for publication); case activity Here the court of appeals upholds the termination of a biological father’s parental rights, concluding that he failed to assume parental responsibility. The infant’s birth mother (“Kristin”) had agreed to voluntary termination of her own rights but had… Read more
Pennsylvania, like Wisconsin, has a statute permitting the prosecution at a drunk-driving trial to introduce evidence that a defendant refused a requested blood draw. Do such statutes comply with the Fourth Amendment where the defendant refused a warrantless blood draw and no constitutional exception applied? For an argument that they don’t, see the cert petition… Read more
According to a cert petition that SCOTUSblog has named a “petition of the week,” courts are split on this issue. See the question presented below. This petition is pending (not granted). We’ll keep you posted on its status. In Padilla v. Kentucky, 559 U.S. 356 (2010) and Lee v. United States, 137 S. Ct. 1958… Read more
State v. N.M.A.-S., 2018AP2308-09, 12/17/19, District 1 (1-judge opinion, ineligible for publication); case activity This TPR case involves a mom with a substance abuse problem and her daughter who had ingested morphine. At the trial on grounds, defense counsel asked the jury pool: “Is there anyone that believes that someone who is struggling with an addiction… Read more
