State v. Timothy L. Finley, Jr., 2016 WI 63, affirming a published court of appeals decision, 2015 WI App 79, 365 Wis. 2d 275, 872 N.W.2d 344; case activity (including briefs) Reaffirming the long-standing law governing plea withdrawal that was established in State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and limiting the reach… Read more
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OLR v. Peter J. Kovac, 2016 WI 62, 7/8/16; case activity The supreme court suspended an attorney’s license for 90 days for professional misconduct in two criminal matters, including violating SCR 20:1.16(d) by failing to promptly provide the clients’ files to postconviction counsel. (¶¶5-6, 8, 9-10, 12). Because the attorney did not file an answer or defend against the OLR… Read more
Start your week with a couple of stories to will remind you that you can never be too skeptical. First, a frightening and sobering story from Harris County, Texas (i.e., Houston) about trusting the results of those drug tests cops do in the field, which (at least in Harris County) often led innocent defendants to take… Read more
State v. Navdeep S. Brar, 2015AP1261-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication),petition for review granted 12/19/2016, affirmed, 2017 WI 73 ; case activity (including briefs) The record supports the circuit court’s conclusion that Brar consented to a blood test after his arrest for OWI and that his consent was voluntary. After the arresting officer read the… Read more
State v. Cynthia J. Popp, 2016AP431-CR, District 4, 7/7/16 (one-judge decision; ineligible for publication); case activity (including briefs) There was reasonable suspicion to continue detaining Popp for field sobriety testing even though the officer didn’t smell alcohol on her and told dispatch and a back-up officer he wasn’t sure what caused the poor driving he’d observed. Popp offered… Read more
Unity Bayer v. Brian D. Dobbins, M.D., 2016 WI App 65; case activity (including briefs) We note this decision in a civil case because it involves the application of the Daubert test, a still relatively undeveloped area of law, and may assist practitioners in making arguments for (or against) the admission of expert evidence. The circuit court excluded… Read more
State v. Leopoldo R. Salas Gayton, 2016 WI 58, 7/6/16, affirming an unpublished court of appeals opinion, 2014 WI App 120, 358 Wis. 2d 709, 856 N.W.2d 345; case activity (including briefs) SCOW took this case to address “whether a sentencing court may rely on a defendant’s illegal immigrant status as a factor in fashioning a sentence.”… Read more
State v. Lewis O. Floyd, Jr., 2016 WI App 64, petition for review granted 1/9/2017, affirmed, 2017 WI 78; case activity (including briefs) Police found drugs on Floyd after they searched him during a traffic stop. Floyd claims the traffic stop was extended beyond what was necessary to issue the citations he was given and that he… Read more
