State v. Maltese Lavele Williams, 2015 WI 75, 7/10/15; majority by Prosser: concurrence by Abrahamson; on certification from the court of appeals; case activity (including briefs) All jury instruction errors are to be assessed for whether the error was harmless, the supreme court declares, including errors describing a theory of criminal culpability that was not… Read more
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State v. Kerby G. Denman, 2014AP2133, District 4, 7/9/15 (not recommended for publication); case activity (including briefs) Denman is entitled to a hearing on his petition for discharge from his ch. 980 commitment because an expert changed her opinion about Denman’s risk to reoffend based on a new risk assessment scale that hadn’t been relied on… Read more
Adam R. Mayhugh v. State, 2015 WI 77, 7/10/15, affirming a court of appeals summary disposition, 2013AP20123; majority by Bradley; concurrence by Gableman; case activity (including briefs) While the SPD does not represent clients in lawsuits against the DOC, attorneys may get questions about this case. Staff at Redgranite Correctional ordered Mayhugh to sit in… Read more
State v. Rachael A. Dickenson, 2015AP277-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) The police didn’t enter the curtilage of Dickenson’s home or commit a trespass by walking up her driveway toward the back of her house. Police were trying to locate Dickenson after finding her car in a snowbank. Two… Read more
State v. Robert C. Blankenheim, 2015AP239-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) Blankenheim’s challenges his OAR conviction by arguing that he was unlawfully stopped, that the evidence wasn’t sufficient to prove operation on a highway, and that the police officer wasn’t a credible witness. The court of appeals disagrees “on all points….” (¶1)… Read more
State v. Corey R. Kucharski, 2015 WI 64, reversing an unpublished court of appeals decision; majority opinion by Crooks; dissent by Bradley (joined by Abrahamson); case activity (including briefs) If you thought defending a discretionary reversal in SCOW was tough before, it just got tougher. Kucharski pled “no contest” to killing his parents but claimed… Read more
A new edition of SCOWstats is out here. This one shines a light on how comfortable the justices are joining each others’ concurrences and dissents. If you think of separate opinions as Facebook posts, SCOWstats shows whose opinions the justices “like” the least and most. :-)… Read more
State v. Andrew Obriecht, 2015 WI 66, 7/7/15, reversing a published court of appeals decision; case activity (including briefs) When sentence credit is granted after a convicted defendant’s parole is revoked, the additional credit must be applied to the parolee’s reincarceration time, and not—as the Department of Corrections and the court of appeals thought—to any period of parole remaining… Read more
