State v. Steven N. Jackson, 2015AP2682, 9/22/16, District 4 (1-judge decision; ineligible for publication); case activity (including briefs) Steven Jackson was arrested for OWI and also charged with a refusal to submit to a blood test. On appeal of the refusal, he first argues that the officers lacked probable cause to arrest him. The court of… Read more
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State v. Courtney L. Carney, 2016AP175-CR & 176, 9/21/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs) At 3 a.m. on a Saturday morning, police pulled a car over for a broken light. The car driving in front of the targeted vehicle also stopped; this was Carney’s. The police ended up detaining him too, leading… Read more
Town of Grand Chute v. Shelley L. Kowalewski, 2015AP1788, District 3, 9/20/16 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Kowalewski’s car was supported by probable cause that she violated § 346.34(1)(b), which requires a drive to use a turn signal “[i]n the event any other traffic may be affected by… Read more
The brief answer from two recent federal court decisions is “yes,” though the devil, as they say, is in the details. The first decision, from a highly fractured en banc panel of the Third Circuit, involves persons convicted of a misdemeanor punishable by more than one year, who are banned from possessing a firearm under 18 U.S.C. §§ 921(a)(20)(B)… Read more
William Hinesley, III, v. Wendy Knight, 7th Circuit Court of Appeals No. 15-2122, 2016 WL 4758437, 9/13/16 Hinesley’s trial lawyer didn’t object to the state’s presentation of the inculpatory out-of-court statements of the two principal witnesses against him because he wanted all of the witnesses’ statements admitted to show how they had changed their stories and… Read more
Review of an unpublished court of appeals opinion; case activity (including briefs) Issues: (1) Whether to satisfy the conditions of probation for purposes of Wisconsin’s expungement statute, § 973.015(1m)(b), a probationer must perfectly comply with every probation condition, or whether under State v. Hemp, 2014 WI 129, 359 Wis. 2d 320, 856 N.W.2d 811, it… Read more
Review of an unpublished court of appeals opinion; case activity Issue (composed by On Point) Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179 held that an individual is capable of rehabilitation, and thus a proper subject for treatment under Chapter 51, when treatment would control the… Read more
Review of an unpublished court of appeals opinion; case activity (including briefs) Issues (composed by On Point) Whether Nieves’s confrontation right was violated when the trial court permitted a witness to testify about a non-testifying co-defendant’s confession that, by implication, inculpated Nieves. Whether a surviving victim’s testimony that someone had told him Nieves was planning… Read more
