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
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
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
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
State v. David L. Tarlo, 2016 WI App 81; case activity (including briefs) When’s the last time you saw a defense win on a restitution issue? This child porn case addresses the vexing problem of circuit courts awarding restitution though the victim failed to prove that her losses were “a result of a crime considered… Read more
State v. D.C.M., 2016AP1205-FT, 10/5/16, District 2 (1-judge opinion; ineligible for publication); case activity The stay of a dispositional order in a juvenile case cannot be lifted unless the parties and the court follow the notice and hearing requirements of §938.34(16). They failed to do so in this case, so the court of appeals reversed the… Read more
State v. Jordan Branovan, 2016AP622-CR, 10/5/16, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs) Here’s a sure fire way for law enforcement to comply with Rodriguez v. United States, 135 S.Ct. 1609 (2015): summon a K-9 officer before initiating a traffic stop in order to minimize the extension of it. That’s what Officer… Read more