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State v. David Francis Walloch, 2015AP574, District 2, 8/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) The evidence presented at Walloch’s refusal hearing supported the finding that Walloch was the person the officers arrested and who refused to submit to chemical testing. ¶7     Both officers confirmed that they identified the person they had arrested… Read more

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Village of Thiensville v. Conor B. Fisk, 2015AP576-FT, District 2, 8/26/15 (one-judge decision; ineligible for publication); case activity (including briefs) Sending the opposing party with a copy of a notice of appeal by email attachment satisfied § 800.14(1)‘s requirement that the appellant “giv[e] the municipal judge and other party written notice of appeal within 20 days… Read more

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Batson claim strikes out

State v. Courtney J. James, 2014AP2230-CR, District 1, 8/25/15 (not recommended for publication); case activity (including briefs) The prosecutor’s use of a peremptory strike to remove an African-American from the jury did not violate Batson v. Kentucky, 476 U.S. 79 (1986), because none of the three parts of the Batson are satisfied in this case. To succeed… Read more

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Dane County DHS v. Connie H., 2015AP552, District 4, 8/20/15 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised it discretion when it denied Connie’s petition to revise a CHIPS dispositional order to lift a suspension of visits with her son, K.H. Connie first argues it was an erroneous exercise of the… Read more

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State v. Susan P. Resch, 2015AP51-CR, District 4, 8/20/15 (one-judge decision; ineligible for publication); case activity (including briefs) ¶2     Resch fails to sufficiently develop any legal argument based on concrete references (much less based on proper citations) to pertinent portions of the record and the application of governing legal authority, and I reject… Read more

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State v. T.P., 2015AP857, District 1, 8/18/15 (one-judge decision; ineligible for publication); case activity Recently enacted statutes allow a circuit court to presume that a parent in a TPR proceeding has waived the right to counsel if, after being ordered to appear in court, the parent fails to do so and the court finds that failure egregious… Read more

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Milwaukee County v. Kent F., 2015AP388, District 1, 8/18/15 (one-judge decision; ineligible for publication); case activity The court of appeals rejects Kent’s argument that, under Fond du Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, he is not a proper subject for ch. 51 commitment because he is not… Read more

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State v. Vaughn Caruth Gilmer, 2014AP1873-CR, District 1, 8/18/15 (not recommended for publication); case activity (including briefs) The circuit court properly exercised its discretion in allowing the deliberating jury to have a bag of marijuana that had been admitted into evidence because it aided the jury in assessing the credibility of the witnesses’ testimony. When… Read more

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