Waushara County DHS v. V.L., 2016AP23, District 4, 2/25/16 (one-judge decision; ineligible for publication); case activity V.L. challenged the circuit court’s decision to terminate her parental rights to her son R.E.L., arguing the circuit court didn’t properly consider four of the factors under § 48.426(3). The court of appeals finds no erroneous exercise of discretion. V.L. took… Read more
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State v. Andy J. Parisi, 2016 WI 10, 2/24/2016, affirming an unpublished court of appeals decision; case activity (including briefs) Police found Andy Parisi unconscious and having trouble breathing. Almost two and a half hours later, at a hospital, an officer had his blood drawn to test for heroin. The state supreme court now holds… Read more
M. L.-F. v. Oneida County Department of Social Services, 2016 WI App 25; case activity The County filed for termination of the parental rights of the mother and father of twin boys. While the TPRs were pending, the father’s mother, M. L.-F, filed a petition for guardianship of her grandsons. The court of appeals now holds… Read more
United States v. Gregorio Paniagua-Garcia, 7th Circuit Court of Appeals No. 15-2540, 2/18/16 The stop of Paniagua-Garcia for texting while driving was unlawful because the officer had no basis for concluding Paniagua-Garcia was using his cellphone to send a text or email as opposed to using it in some way that isn’t prohibited. An Indiana… Read more
City of Madison v. Jeffrey K. Crossfield, 2015AP800, 2/18/16, District 4 (one-judge decision; ineligible for publication); case activity The court rejects a motorist’s claim that he broke no law when, approaching a sign directing him to merge left, he instead went right. Crossfield was driving on the Madison beltline when he came upon a road… Read more
It’s been a quiet week in the Wisconsin Court of Appeals in terms of criminal law-related cases, so we thought we’d offer you some other things to read this weekend—and beyond! Apple v. FBI: There’s been lots of coverage of Apple’s resistance to a federal court order that it help the FBI disable the encryption of an… Read more
Justice Scalia’s death means several big cases (public unions, voting rights, immigration, etc.) could result in a deadlock. While there are no formal rules on point, the press reports that if a 4-4 split occurs, then either the court of appeals decision will be affirmed without comment or SCOTUS will set the case for re-argument… Read more
Micah D. Stern v. Michael Meisner, 7th Circuit Court of Appeals No. 15-2558, 2/9/16 Stern’s conviction for using a computer to facilitate a sex crime against a child under § 948.075 is constitutional because the Wisconsin appellate court’s conclusion that the statute allows conviction based on the defendant’s “reason to believe” the victim is a minor… Read more
