Should people be able to retract uncounseled Miranda waivers elicited by law enforcement officers while they were juveniles? This UCLA law review article by Loyola Law School Professor Kevin Lapp explores the problems with interrogating juveniles and the pros and cons of retractable Fifth Amendment waivers… Read more
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State v. D.L., 2016AP735 & 2016AP736, District 1, 8/18/16 (one-judge decision; ineligible for publication); case activity The trial court didn’t err in admitting multiple hearsay statements made by D.L.’s children about her treatment of them or in admitting expert testimony about whether D.L. had a “strong bond” or “positive and healthy relationships” with her children… Read more
State v. Micha S. Pruitt, 2016AP251-CR, District 4, 8/18/16 (one-judge decision; ineligible for publication); case activity (including briefs) The statute permitting telephone proceedings in criminal cases, § 967.08, does not permit the presentation of testimony by telephone during a criminal jury trial. The state sought interlocutory review of a circuit court order allowing Pruitt to have one… Read more
United States v. Frank Caira, 7th Circuit Court of Appeals No. 14-1003, 2016 WL 4376472, 8/17/16 During a drug investigation the government issued subpoenas to two internet service providers—Microsoft, the owner of Hotmail, and Comcast the owner of an Internet Protocol address associated with the Hotmail address being investigated. The subpoenas provided information that led investigators to… Read more
State v. Armstrong, 2016AP97-CR, District 2, 8/17/16 (one-judge decision; ineligible for publication); case activity (including defendant’s brief; the state did not file a response brief) While § 973.015 and State v. Matasek, 2014 WI 27, ¶45, 353 Wis. 2d 601, 846 N.W.2d 811, require that expungement be decided at the time of sentencing, not put off till after… Read more
State v. Sandra D. Noren, 2015AP1969-CR, District 2, 8/17/16 (not recommended for publication); case activity (including briefs) A police officer responding to a 911 call conducted a warrantless search of Noren’s bedroom and found drugs and paraphernalia. The court of appeals holds the search was justified under the emergency exception to the warrant requirement. A police… Read more
State v. Ginger M. Breitzman, 2015AP1610-CR, District 1, 8/16/16 (not recommended for publication), petition for review granted 3/13/2017; case activity (including briefs) The court of appeals rebuffs Breitzman’s arguments that there was insufficient evidence to convict her of child neglect and disorderly conduct and that her trial lawyer was ineffective. Sufficiency of the evidence The… Read more
County of Milwaukee v. Alpesh Shah, 2015AP1581, District 1, 8/16/16 (1-judge opinion; ineligible for publication); case activity (including briefs) Shaw was convicted of operating a motor vehicle with a restricted controlled substance in his blood pre-McNeely. He challenged the warrantless draw of his blood because there were no exigent circumstances–THC doesn’t dissipate like alcohol, and… Read more
