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Interesting case out of Missouri. At trial, the State played a video of the defendant after he was arrested for OWI and pointed to his speech pattern as evidence of intoxication. In response, the defendant sought to offer a voice exemplar to show that this was his normal speech pattern. However, he also did not… Read more

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For latest on this subject, see today’s issue of Inside Track, which features comments by Wisconsin’s expert on evidence-based sentencing, Professor Cecelia Klingele… Read more

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SCOWstats has released the results of its 2016-2017 fantasy league tournament and named this term’s most valuable player. See how Wisconsin’s law firms performed and learn who won MVP here… Read more

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On Point is pleased to present a guest post by Attorney Adam Welch of Tracy Wood and Associates. The law firm recently persuaded Dane County Circuit Court Judge William Hanrahan to declare Wis. Stat. § 346.67 facially unconstitutional and to grant their motion to dismiss a felony Hit and Run—Injury complaint. Judge Hanrahan issued an oral… Read more

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Is a courtroom ID fair to the defendant?

Some states say “no.” The Marshall Project just ran this article on the practice.  For the Connecticut case mentioned in the article, click here… Read more

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Jeremy Perri guests posts on State v. Adam M. Blackman, 2017 WI 77, 7/7/17, reversing a published court of appeals opinion, 2016 WI App 69, 371 Wis. 2d 635, 886 N.W.2d 94; case activity (including briefs) SCOW suppresses blood test, holding that the statutory Informing the Accused misrepresented the consequences of a refusal, the consent was… Read more

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State v. Jarred S. Martens, 2016AP2384, District 4, 7/13/17 (one-judge decision; ineligible for publication) case activity (including briefs) Martens argues police didn’t have probable cause to arrest him for OWI because he didn’t do field sobriety tests and the absence of those tests means the state has to point to other, especially significant evidence to support probable… Read more

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Attorneys litigating the breach of a plea agreement might want to take a look at this new paper, Plea Agreements as Constitutional Contracts, by Professor Colin Miller of the University of South Carolina Law School. It highlights some interesting issues to raise on behalf of our clients–issues that could well make their way to SCOTUS… Read more

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