State v. Rachel M. Helmbrecht, 2017 WI App 5; case activity (including briefs) A circuit court’s decision on whether to order expungement under § 973.015 involves the exercise of discretion, and therefore the general rules governing the proper exercise of discretion apply to the expungement decision. ¶11 The statute at issue here clearly contemplates the… Read more
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State v. Marie A. Martin, 2016AP913-CR, District 1, 12/20/16 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer’s contact with the driver of a car idling in a parking lot at 2:00 a.m. was lawful because the objective facts justified a reasonable suspicion of criminal activity. The officer had done a registration check… Read more
State v. Gregory J. McMillan, 2016AP127-CR, 12/16/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) 12:30 a.m., Saturday, Dodge Charger, driving away from tavern-rich area of McFarland. No bad driving, but a “relatively sudden” right turn with a squad two car lengths behind. The turn is onto a dead-end street with only… Read more
State v. Shannon Olance Hendricks, 2015AP2429-CR, 12/15/2016, District 1/4 (not recommended for publication), petition for review granted 5/15/17, affirmed, 2018 WI 15 ; case activity (including briefs) A defendant pleading to a sexual assault involving sexual contact (as opposed to sexual intercourse) is required to understand the meaning of “sexual contact.” If he or she does not… Read more
Lee v. United States, USSC No. 16-327, cert. granted 12/14/16 Question presented (based on the cert. petition): To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his attorney must show “a reasonable probability that, but for counsel’s errors, he would not have… Read more
Turner v. United States, USSC No. 15-1503, and Overton v. United States, USSC No. 15-1504, cert. granted, consolidated for argument and decision, 12/14/16 Question presented (as formulated by SCOTUS) Whether the petitioners’ convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1963). Lower court opinion (for both cases): Turner, et al., v. United States… Read more
Foley & Lardner has examined the extraordinary turn over in Wisconsin’s court of appeals judges over the last 10 years. When Judge Higgenbotham retires, only 2 courts of appeals judges will have more than 10 years experience. Click here for Foley’s post. Looks like 6 of the 16 court of appeals’ judges (including Judge Dugan… Read more
State v. David Robert Brown, 2016AP83-CR, 12/14/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) David Brown was arrested for OWI; the breathalyzer that he took about two hours later showed a .11 BAC. At trial he adduced expert testimony that, given what Brown told the expert he had drunk and when… Read more
