State v. Alexander M. Schultz, 2017AP1977-CR, petition for review granted 4/9/19; case activity (including briefs) Issues (derived from petition for review): When determining whether two offenses charged in successive prosecutions are the same in fact for purposes of the Double Jeopardy Clause, how does the court determine the scope of jeopardy when the charged timeframe… Read more
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State v. Robert James Pope, Jr., 2017AP1720-CR, petition for review granted 4/9/19; case activity (including briefs) Issues: Where no transcripts of a jury trial occurring over 20 years ago are available in a direct appeal and appellate counsel is new to the case, does application of State v. Perry’s requirement that appellant assert a “facially… Read more
Using specialized software scholars have analyzed the opinions of SCOTUS justices for some time. Now SCOWstats has applied the same “text mining” software to SCOW opinions. Which justice uses the most (or biggest) words? Who speaks with the most clout? Who is our most emotional justice (according to the software’s algorithm)? Click here to find… Read more
State v. Calvin Lee Brown, 2018AP766-CR, District 1, 4/9/19 (not recommended for publication); case activity (including briefs) Brown challenged a search warrant that was executed at his home, arguing the police omitted information about J.R.R., an informant who was cited in the warrant application, and that the information provided reason to doubt J.R.R.’s credibility. The… Read more
State v. Michael J. Scott, et al., 2019 WI App 22; case activity (including briefs) Applying long-standing U.S. Supreme Court precedent, the court of appeals holds that the exclusionary rule can be used to defend against a civil forfeiture complaint filed by the state. But it also holds the state should have a shot at… Read more
Jackson County DHS v. R.H.H., Jr., 2018AP2440 to 208AP2443, District 4, 4/4/19 (one-judge decision; ineligible for publication); case activity At the grounds phase R.H.H.’s termination of parental rights proceedings, the circuit court granted the County’s motion for summary judgment on the basis of continuing denial of visitation under § 48.415(4). Not so fast, says the… Read more
State v. Timothy Edward Curtis, 2018AP920-CR, 4/2/19, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs) The State charged Curtis with a 2nd offense OWI. He moved to suppress evidence obtained after his arrest on the grounds that the officer didn’t have probable cause for the arrest in the first place. He lost… Read more
State v. T.R.C., 2018AP820, 4/2/19, District 1 (1-judge opinion, eligible for publication); case activity T.R.C. pled “no contest” to grounds for termination of her parental rights to D. On appeal she argued that her plea was not knowing, intelligent and voluntary, that her trial counsel was ineffective, and that the TPR order should be vacated… Read more
