Pretty much the only way you’ll see the terms “SPD,” “SCOW,” and any form of the verb “win” in the same sentence is if that sentence also includes the word “fantasy.” :-) Believe it or not, SCOW’s bitter decision last week in St. Croix County DHHS v. Michael D. allowed the State Public Defender to… Read more
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State v. Keith A. Wiedmeyer, 2016 WI App 46; case activity (including briefs) In an impressive of feat of judicial activism, the court of appeals here rewrites §343.305(5)(d) and (6)(a) and defies precedent to achieve its desired outcome: the admission of statutorily invalid blood test results at OWI trials. On Point looks forward to SCOW’s take… Read more
State v. Chad T. Kippley, 2015AP1671-CR, 5/19/16, District 4 (unpublished opinion); case activity (including briefs) A warden observed Kippley’s boat travelling at a slow speed in bow-up position. Based on his training and experience, the warden suspected that the boat was equipped with a motor in excess of its maximum horsepower rating, so he stopped… Read more
Rock County v. S.J.M., 2016AP255-FT, 5/19/16, District 4 (one-judge opinion; ineligible for publication); case activity A circuit court involuntarily committed S.J.M. under §51.20(1)(a)1 -2 after finding him mentally ill, a proper subject for treatment, and dangerous. S.J.M. challenged the “dangerous” determination and, specifically, the finding that he threatened his mother with serious physical harm, which… Read more
Betterman v. Montana, USSC No. 14-1457 (May 19, 2016), affirming State v. Betterman, 342 P.3d 971 (Mont. 2015); SCOTUSblog page (includes links to briefs and commentary) Brandon Betterman pled guilty to bail jumping, and then spent 14 months in jail before he was finally sentenced. He appealed, contending that the lengthy delay violated his Sixth Amendment… Read more
State v. Mario Martinez Redmond, 2015AP657-2015AP658-CR, 5/17/16, District 1 (not recommended for publication); case activity (including briefs) Redmond was charged and convicted of battery, disorderly conduct, and multiple counts of witness intimidation. His appeal raised various ineffective assistance of counsel and other claims. But the most interesting issue concerns Redmond’s failed motion to suppress a… Read more
State v. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs) The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team… Read more
Walworth County v. James E. Robinson, Jr., 2015AP2504-FT, 5/18/16, District 2 (one-judge decision; ineligible for publication); case activity (including memo briefs) The County needed to prove Robinson drove his motor vehicle on a highway while under the influence of a drug to a degree which rendered him incapable of safely driving, § 346.63(1)(a). It succeeded. It succeeded by presenting… Read more
