Review of a per curiam court of appeals decision; case activity Issues (composed by SCOW). See order granting review. 1. Where a defendant seeks to plead guilty or no contest to a charge of operating a motor vehicle while under the influence of an intoxicant (OWI), or with a prohibited alcohol concentration (PAC), do State v. Bangert… Read more
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State v. Fernando Moreno-Acosta, 2014 WI App 122; case activity While § 943.201(2) requires the state to prove the defendant used personal identifying information belonging to an actual person, it need not prove that the defendant knew the information belonged to another “real, actual person.” Moreno-Acosta was accused of identity theft for using Kimberly Herriage’s social security number to… Read more
State v. Jennifer M. Parisi, 2014 WI App 129; case activity The warrantless entry into Parisi’s apartment was lawful because police had probable cause to believe the apartment contained evidence of a crime and there were exigent circumstances justifying entry without a warrant. Police went to Parisi’s apartment building in response to a drug activity complaint. The complainant said she’d… Read more
Glebe v. Frost, USSC No. 14-95, 11/17/14 (per curiam), reversing Frost v. Van Boening, 757 F.3d 910 (9th Cir. 2014) (en banc); docket and Scotusblog page Supreme Court precedent has not clearly established that improper restriction of a defendant’s closing argument is structural error, so the Ninth Circuit erred in granting habeas relief on that ground. Frost wanted to defend… Read more
State v. Stephanie M. Przytarski, 2014AP1019-CR, District 1, 11/18/14 (1-judge decision; ineligible for publication); case activity Przytarski can’t withdraw her plea even if her trial lawyer erroneously told her that she could appeal the trial court’s pretrial order that barred her from introducing certain evidence to defend against charges of interference with child custody. Charged with violating… Read more
Review of a per curiam court of appeals decision; case activity Issue (composed by Hogan’s petition for review): 1. When a person is illegally detained by law enforcement for a period of time and then is verbally released by the officers for a comparatively very brief period of time before being re-approached by the officer(s), when is… Read more
Review of a court of appeals summary disposition; case activity Issue: (composed by On Point): Does the doctrine of sovereign immunity bar a person’s recovery for personal injuries that he sustains while in the custody of the Department of Corrections? While the State Public defender cannot represent inmates in personal injury litigation against the DOC, this issue… Read more
Review of a published court of appeals decision; case activity: 2013AP1753-CR; 2013AP1754-CR Issue (composed by On Point) Does Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act qualify as a prior offense under the repeat drug offender enhancement provision of § 961.41(3g)(c) because the RICO conviction’s predicate acts involved, among other things, controlled substance… Read more
