State v. Addison F. Steiner, 2013AP2629-CR, district 4, 10/16/14 (not recommended for publication); case activity This case raises an issue that even the court of appeals deemed to be of first impression. Does §948.20, which criminalizes abandonment of a child, require an intent to abandon a child permanently, or is leaving a child alone for 1 or 2 hours… Read more
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State v. Jessica Ann Stofflet, 2014AP823-CR, 10/16/14, District 4 (one-judge decision, ineligible for publication); case activity The court of appeals held that the officer who stopped Stofflet’s vehicle and conducted a preliminary breath test had probable cause to believe she was committing OWI. The officer observed that she had deviated within her lane, swerved over… Read more
State v. Deborah K. Salzwedel, 2014AP301-CR, 10/16/14, District 4 (1-judge decision, ineligible for publication); case activity The court of appeals affirmed the denial of Salzwedel’s motion to suppress and her conviction for OWI (3rd offense). Apparently, a deputy was driving right behind Salzwedel when she made a quick left turn in front of him without… Read more
Kenosha County v. Steven H., 2014AP1435-FT, District 2, 10/15/14 (1-judge opinion ineligible for publication); case activity The court of appeals here affirmed an order finding Steven H. “dangerous” under §51.20(1)(a)2.b, which requires, among other things, evidence that people were placed in reasonable fear of Steven’s violent behavior. Under this standard, a court may consider threats voiced… Read more
State v. Gabriel Justin Bogan, 2014AP285-CR, District 1, 10/14/14 (not recommended for publication); case activity In this 1st-degree reckless homicide and 1st-degree reckless endangering safety case, the court of appeals held that the evidence presented at trial did not support a “defense of others” jury instruction. Thus, Bogan’s trial lawyer was not ineffective for failing… Read more
State v. Daniel S. Iverson, 2014AP515-FT, 10/9/14, District 4 (1-judge decision, ineligible for publication), petition for review granted 1/16/15; reversed, 2015 WI 101; case activity Iverson won a motion to suppress and dismissal of his first OWI. He prevailed again on appeal. Turns out the state trooper did not stop Iverson on suspicion of OWI. He… Read more
State v. Fernando Ortiz-Mondragon, 2014 WI App 114, petition for review granted 12/18/14, affirmed, 2015 WI 73; case activity Ortiz-Mondragon’s trial counsel wasn’t ineffective under Padilla v. Kentucky, 559 U.S. 356 (2010), for failing to advise Ortiz-Mondragon that his convictions were “crimes involving moral turpitude” (CIMT) and would result in mandatory deportation and a permanent bar on reentry… Read more
Recently, Foley & Lardner’s appellate blog analyzed data on the Wisconsin Supreme Court’s 2013-2014 term and concluded that the court is not divided. Meanwhile, the Wisconsin Law Journal conducted its own analysis of the same period and ran the headline “Supreme splits deepen.” Well, which is it? SCOWstats takes a cold, hard look at the… Read more
