Waukesha County v. M.J.S., 2017AP1843, 8/1/18, District 2, (1-judge opinion, ineligible for publication), case activity In May On Point reported a defense win in this case. One week later, Waukesha County moved for reconsideration. The court of appeals just granted the motion and issued this new opinion. The difference between the two is that the May… Read more
admin
…if you’re not a man.” That’s the title of this Atlantic Magazine essay by Lara Bazelon, which is simultaneously eye-opening (motions to “preclude emotional displays”!) and dishearteningly familiar… Read more
State v. Tanya Lynn Schmit, 2017AP871-CR, District 3, 7/31/18 (one-judge decision; ineligible for publication); case activity (including briefs) Schmit was charged with OWI. She told her trial lawyer there were two witnesses who would support her defense that she wasn’t the driver, but trial counsel didn’t interview the witnesses or call them at trial. Trial counsel’s failure… Read more
State v. Terry Terrell Anderson, 2017AP2165-CR, District 1, 7/31/18 (one-judge decision; ineligible for publication); case activity (including briefs) Anderson sought pretrial custody credit against sentences that were ordered to run consecutively to a previously imposed sentence. Because the time in custody was credited to the previously imposed sentence, he’s not entitled to the same credit against the… Read more
State v. Devon L. Loggins, 2017AP2045-CR, 7/31/18, District 1 (unpublished); case activity (including briefs) A fight between the Loggins and Jones families escalated into a violent melee involving at least 20 people. Some of them were punching Loggins, who saw a gun fall from one participant’s hoodie. He picked it up. Someone kicked him, and… Read more
Rock County v. B.A.G., 2018AP782, 7/26/18, District 4, (1-judge opinion, eligible for publication); case activity B.A.G. challenged a court order to commit and medicate him under §51.20(1)(a)2e (the 5th standard). His main objection appears to be that being undressed outside in cold weather was insufficient evidence to commit him. The court of appeals does not articulate… Read more
State v. Joseph B. Reinwand, 2017AP850-CR, District 4, 7/26/18, certification granted 9/4/2018, affirmed 2019 WI 25; case activity (including briefs) Issues: We certify this appeal to the Wisconsin Supreme Court to decide a question involving the “forfeiture by wrongdoing” doctrine. Under this doctrine, testimonial statements, which would otherwise be barred under the Confrontation Clause of the Sixth Amendment if… Read more
On July 25, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Theoris Raphel Stewart, 2018 WI App 41 (identity theft statute, § 943.203, applied to defendant’s forgery of documents he submitted at sentencing hearing) Drazen Markovic v. Jon E. Litscher, 2018 WI App 44 (DOC may… Read more
