State v. Kearney W. Hemp, 2014 WI 129, 12/18/14, reversing a published court of appeals decision; opinion by Justice Gableman; case activity At last, a unanimous SCOW decision settles how §973.015 is really supposed to work. Upon a young person’s successful completion of a sentence or probation, the detaining or probationary authority must issue a… Read more
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State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had… Read more
State v. Geoffrey A. Herling, 2014AP565-CR, District 4, 12/18/14 (not recommended for publication); case activity The circuit court did not err by requiring Herling to prove by clear and convincing evidence that he had amnesia that prevented him from mounting an adequate defense. A defendant may be denied a fair trial if he has amnesia that deprived him of… Read more
State v. Tahj E. Kitt, 2015 WI App 9; case activity “When a convicted offender has put sentence credit at issue, the court—not the clerk—must make and explain the decision on how much sentence credit is to be awarded.” (¶2). After Kitt filed a postconviction motion seeking additional sentence credit over the 75 days he’d already been… Read more
State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana. ¶8 … [U]nder the totality of the circumstances… Read more
Three Unnamed Petitioners v. Peterson, Nos. 2013AP2504-2508-W; case activity (for 2013AP2504); Two Unnamed Petitioners v. Peterson, No. 2014AP296-OA; case activity; and Schmitz v. Peterson, Nos. 2014AP417-421-W; case activity (for 2014AP417) The supreme court has granted review in some of the John Doe investigations into coordination of spending by candidate campaigns and independent groups. The long and varied list of issues… Read more
Outagamie v. Michael H., 2014 WI 127, 12/16/14, affirming an unpublished court of appeals decision, majority opinion by Justice Crooks; case activity Section 51.20(1)(a)2.a authorizes the involuntary commitment of a person who is “dangerous,” a test that may be met by showing recent threats of, or attempts at, suicide. This unanimous decision holds that in… Read more
State v. Jordan John Samsa, 2015 WI App 6; case activity The circuit court did not erroneously exercise its discretion in using the criminogenic needs section of the COMPAS assessment report, which identifies areas in which the offender needs correctional or community intervention, as an indicator of Samsa’s danger to the community. Samsa pleaded guilty to sexual… Read more
