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Review of a per curiam opinion; case activity (including briefs); petition for review Issues (from Stietz’s petition): 1. On the facts of this case, did the court of appeals deny Stietz’s federal and state constitutional rights to present a complete defense of self-defense, and contradict controlling precedent of this Court in State v. Mendoza, 80 Wis… Read more

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On bypass;  case activity (including briefs) Issue (derived from court of appeals’ briefs): Whether the Crime Victims Rights Board’s power to remedy a violation of a victim’s right to the speedy disposition of a criminal case can be applied to judges without violating the separation of powers doctrine. This case reached SCOW via a bypass petition… Read more

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Outagamie County v. J.J., 2016AP43, 10/12/16, District 3 (1-judge opinion, ineligible for publication); case activity If this opinion doesn’t cross the line of Outagamie County v. Melanie L., 2013 WI 67, ¶¶91, 97, 349 Wis. 2d 148, 833 N.W.2d 607, it at least curls its toes around the decision.  When a County seeks an extension of an… Read more

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How accurate are risk assessment tools?

They may seem more measured and bias free, but according to this new article, they aren’t very good. Compas has significant flaws, and the accuracy of the Static 99-R “is not much better than a coin toss.” This article links to a number of studies that might support a challenge to the use of these… Read more

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State v. Sabrina Marie Hebert, 2015AP2183-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects Hebert’s challenges to the circuit court’s factual findings and its conclusion that there was reasonable suspicion to stop the car she was driving. The evidence at the suppression hearing consisted of: the testimony… Read more

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State v. Darren Wade Caster, 2015AP1965-CR, District 3, 10/12/2016 (one-judge decision; ineligible for publication); case activity (including briefs) The fact that an officer stopped Caster outside the limits of his jurisdiction does not mean the evidence garnered from the stop must be suppressed because the stop was reasonable. A City of New Richmond police officer… Read more

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State v. Samuel K. Dixon, 2015AP2307-CR. 10/6/16; District 1 (per curiam; uncitable); case activity (including briefs) You may not cite this per curiam opinion as precedent in any Wisconsin court, but happily you can bask in Dixon’s victory. The court of appeals wisely held that his 5-minute, friendly conversation with a “thicker black female” at… Read more

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State v. Brandon E. Jordan, 2015AP2062-CR, 10/6/16, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Jordan violated the terms of his Deferred Prosecution Agreement and received a warning letter which resulted in a 6-month extension of the agreement with new conditions. He then violated the conditions of the extension, and was terminated… Read more

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