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State v. David Aaron Piggue, Jr., 2016 WI App 13; case activity (including briefs) Under State v. Floyd, 2000 WI 14, 232 Wis. 2d 767, ¶¶14-18, 25-27, 606 N.W.2d 155, a defendant is entitled to sentence credit for time in custody on charges that are dismissed and read-in for sentencing purposes. The court of appeals declines… Read more

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Not revered. Reversed! Gannett Wisconsin does it again. Last week they gave us a a searchable database for comparing the sentences Wisconsin’s judges impose for certain types of crimes. Click here. This week they offer a searchable database for determining how often circuit court judges were reversed on appeal during 2010-2014. Click here for this… Read more

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On a bypass petition; case activity (including briefs) Issues (from the appellant’s brief): Does a circuit court lack subject matter jurisdiction to enter an OWI 1st offense civil judgment if a defendant has a prior unknown out-of-state OWI conviction? Is a municipality legally precluded from pursuing a civil OWI citation if the defendant could also be… Read more

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Question presented: Whether the Sixth Amendment’s Speedy Trial Clause applies to the sentencing phase of a criminal prosecution, protecting a criminal defendant from inordinate delay in final disposition of his case. Lower court opinion: State v. Betterman, 342 P. 3d 971 (Mont. 2015) Docket Scotusblog page In Pollard v. United States, 352 U.S. 354, 361… Read more

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Cecilia Klingele on evidence-based practices

UW Law Professor Cecilia Klingele just published “The Promises and Perils of Evidence-Based Corrections” in the Notre Dame Law Review. The article lays out the history of corrections reform, the emergence of evidence-based practices (including actuarial risk assessments), and cautions policymakers and practitioners about the potential for misuse of them. Click here to read the full… Read more

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State v. L.C., 2015AP1460, District 1, 12/4/15 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in terminating L.C.’s rights to her child T.C. because, as required by § 48.426(3)(c) and State v. Margaret H., 2000 WI 42, 26, 234 Wis. 2d 606, 610 N.W.2d 475, the court considered whether T.C… Read more

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State v. Glenn T. Zamzow, 2016 WI App 7, petition for review granted, 3/7/16, affirmed, 2017 WI 29; case activity (including briefs) Relying on precedent predating Crawford v. Washington, 541 U.S. 36 (2004), two judges of the court of appeals hold that the Confrontation Clause does not apply to suppression hearings and that the circuit court could rely… Read more

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State v. Thomas Treadway, 2015AP591, District 1, 12/1/15 (not recommended for publication); case activity (including briefs) The evidence in the record is sufficient to support an order for involuntary medication under § 51.61(1)(g)4(intro.) and b. Under § 51.61(1)(g)4.(intro.) and b., the entity seeking the medication order must show that: 1) the advantages and disadvantages of, and the alternatives to, medication… Read more

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