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Eric T. Alston v. Judy P. Smith, 7th Circuit Court of Appeals No. 16-1308, 2016 WL 6083982, 10/18/2016 Eric Alston was on probation when he came to the attention of Dane County’s “Special Investigation Unit,” a law enforcement initiative targeting “serious, assaultive offenders” that offered him resources aimed at preventing him from reoffending but “came with the admonition… Read more

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State v. Marie Williams, 2016 WI App 82; case activity (including briefs) Like other states, Wisconsin has an opioid addiction epidemic. To encourage people to summon emergency aid for someone who has overdosed, the legislature passed §961.443 which provides that that an “aider” is immune from prosecution for the possession of drug paraphernalia under §961.573 or a… Read more

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City of Madison v. Jacob Ong, 2015AP1176, 10/20/16, District 4 (1-judge decision; ineligible for publication) case activity (including briefs) The court rejects all challenges to this pro se appellant’s jury-trial conviction of an ordinance violation for stealing a letter from a mailbox. The court first addresses Ong’s claim that the evidence was insufficient, particularly as to mens… Read more

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State v. Andrew S. Sato, 2015AP1815-CR, 10/18/2016, District 1 (not recommended for publication); case activity (including briefs) Police investigating an armed robbery the previous evening learned their suspect was at home in his apartment. One officer initiated a “knock and talk,” banging on the front door of the apartment and yelling for five to ten… Read more

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Review of a court of appeals summary disposition; case activity (including briefs); petition for review Issues (composed by On Point) (1)  Could the defendant be convicted of two counts of hit and run with death resulting for a single act of leaving the scene of an accident that caused two deaths? (2) Is the defendant’s sentence… Read more

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Review of an unpublished per curiam court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1)  Was Steinhardt’s right to be free from double jeopardy violated when she was convicted of both party to the crime of First Degree Child Sexual Assault in violation of § 948.02(1)(e) and Failure… Read more

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Review of an unpublished court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1)  May a prosecutor argue that a defendant’s refusal to submit to a breathalyzer test shows consciousness of guilt? (2)  When a circuit court denies a postconviction motion based on arguably inapplicable case law, must the defendant… Read more

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On review of a per curiam opinion; case activity (including briefs) Issues: 1. Which statute governs the service of a subpoena in a criminal case: §885.03 which provides that a subpoena may be left at a witness’s abode or §805.07 and §801.11 which require reasonable diligence to personally serve a witness before leaving the subpoena at her… Read more

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