State v. Christopher J. Oatman, 2015 WI App 76; case activity (including briefs) The statute prohibiting a registered sex offender from intentionally photographing a minor without parental consent, § 948.14, violates the First Amendment because it “indiscriminately casts a wide net over expressive conduct protected by the First Amendment ….” (¶18, quoting State v. Stevenson, 2000 WI… Read more
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Little Chute Village Municipal Court v. Dennis M. Falkosky, 2015AP770, District 3, 9/22/15 (one-judge decision; ineligible for publication); case activity (including briefs) The trial court didn’t err by refusing to modify the standard OWI jury instruction, Wis. J.I.—Criminal 2668, by taking out language giving blood alcohol test results prima facie effect as to the defendant’s… Read more
County of Shawano v. Kory V. Amborziak, 2015AP462, 9/22/15, District 3 (1-judge opinion; ineligible for publication); case activity Ambroziak didn’t challenge an officer’s decision to stop his car for disorderly conduct. Instead, he contended that the officer lacked reasonable suspicion to extend the stop to conduct field sobriety tests but he lost based on the facts found… Read more
State v. Glen Artheus Beal, 2014AP2534-CR, 9/22/15, District 1 not recommended for publication); case activity A jury convicted Beal of child abuse as a party to a crime because multiple witnesses testified that he punched his girlfriend’s daughter and also restrained the daughter so that her mother (his girlfriend) could hit her. See §939.05(2)(a) and… Read more
“Digital Expungement Generator Cleans Records by the Thousands.” Wow! We need one of these in Wisconsin. While we’re on the subject of expungement, see “5 Things You Didn’t Know About Clearing Your Record” here by The Marshall Project. Did you see Stephen Colbert’s interview with Justice Stephen Breyer? Click here to watch it. For sure… Read more
State v. Eric L. Loomis, 2015AP157-CR, District 4, 9/17/15, certification granted 11/4/15, circuit court affirmed, 2016 WI 68; case activity (including briefs) Issues We certify this appeal to the Wisconsin Supreme Court to decide whether the right to due process prohibits circuit courts from relying on COMPAS assessments when imposing sentence. More specifically, we certify… Read more
State v. Daniel Tawan Smith, 2015AP291-CR, District 4, 9/17/15 (one-judge decision; ineligible for publication); case activity (including briefs) Police had probable cause to arrest Smith, who was seen driving away from his home just as police arrived to execute a search warrant to look for evidence that he was selling marijuana. ¶7 “There is… Read more
