State v. Daniel Wilson, 2017AP813-CR, 3/27/18, District 1 (not recommended for publication); case activity (including briefs) This appeal raises, among others things, a novel issue specific to child sexual assault cases. Is the State actually required to prove the 2nd element of repeated child sexual assault–that at least 3 assaults took place “within a specified… Read more
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State v. J.C., 2017AP1783, District 1, 3/27/18 (one-judge decision; ineligible for publication); case activity J.C. pleaded no contest to the continuing CHIPS grounds alleged in the petition for termination of her parental rights. She later argued her plea wasn’t supported by sufficient evidence because, at the fact-finding hearing required under § 48.422(3) for no-contest pleas, there was no evidence the… Read more
Defense attorneys hear an awful lot about the “importance of finality” in criminal cases–especially at the §974.06 stage of proceedings. What about the victims? What about the waste of additional judicial resources? There must be a stopping point! Do those arguments really make sense if the wrong person was convicted? The latest edition of The… Read more
The latest edition of the Volokh Conspiracy analyzes a recent 12-4 en banc decision by the 6th Circuit decision in which the majority answers the question above “no” based on current precedent. However, a “concurrence dubitante” argues that this conflicts with The Founders’ intent when they drafted the 6th Amendment. Another concurring opinion calls on SCOTUS… Read more
State v. Dakota R. Black, 2017AP837, 3/22/18, District 4 (not recommended for publication); case activity (including briefs) A jury convicted Black of the homicide of B.A.T., a five-year-old child in his care; the child was bruised and died of subdural hemorrhages. Black defended on the theory that the child’s injuries came in a fall, either… Read more
State v. Chad David Knauer, 2017AP2243-CR, 3/22/18, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) Hats off to defense counsel, the circuit court, and court of appeals for the decision in this case. The State charged Knauer with misdemeanor theft of property. Police had interviewed him for just 1 hour at about… Read more
State v. Robert L. Bentz, 2017AP1436-CR, 3/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) The State charged Bentz with OWI 3rd and PAC 3rd. Bentz moved to suppress evidence for lack of reasonable suspicion to detain and lack of probable cause to arrest. The circuit court denied his motion. The appeal… Read more
State v. D.C., 2017AP1635, 3/20/18, District 1 (one-judge opinion; ineligible for publication); case activity The circuit court terminated D.C.’s parental rights to his child, A.D.C. On appeal, D.C. argued that the trial court (1) lost competency to proceed when it failed to conduct an initial appearance in the case, and (2) erred in denying his… Read more
