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State v. Hershel R. Stanley, 2014 WI App 89; case activity Even if DOC was required to release Stanley from prison on his presumptive mandatory release date instead of holding him to his maximum discharge date, the ch. 980 petition filed against him before his discharge date was timely because § 980.02(1m) permits filing a ch. 980 petition before… Read more

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State v. Matthew D. Campbell, 2011AP1445-CR, District 4, 7/24/14 (not recommended for publication); case activity After a victim admitted during cross-examination that she lied under oath during direct examination, the trial court advised the victim of her right against self-incrimination. (¶3-4). She invoked that right and was given immunity under §§ 972.08 and 972.085. (¶4). Cross-examination… Read more

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State v. Bobby L. Tate, 2014 WI 89, 7/24/14, affirming an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity State v. Nicolas Subdiaz-Osorio, 2014 WI 87, 7/24/14, affirming an unpublished per curiam court of appeals decision; lead opinion by Justice Prosser; case activity In two decisions consisting of 8 separate opinions spread out across… Read more

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State v. Tramell Starks,  2013 WI 69, affirming an unpublished court of appeals decision, case activity; reconsideration denied 7/24/14, concurring opinion by Chief Justice Abrahamson Taking a cue from Napolean Bonaparte, the Wisconsin Supreme Court just denied two, year-old reconsideration motions outlining many serious mistakes in the Starks majority opinion (written by Justice Gableman).  No, that statement is not just sour grapes.  The Attorney… Read more

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State v. Andres Romero-Georgana, 2014 WI 83, 7/23/14, affirming an unpublished court of appeals opinion; majority opinion by Justice Prosser, dissenting opinion by Justice Bradley; case activity Oliver Wendell Holmes said “hard cases make bad law.”  This decision proves that simple cases can too.  If you thought winning a §974.06 postconviction motion or a §… Read more

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State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity When a juvenile is charged with a crime that gives the criminal court exclusive original jurisdiction, § 970.032(1) expressly requires the judge conducting the preliminary hearing to find probable cause for the specific felony that gives the… Read more

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State v. Jessica A. Nellessen, 2014 WI 84, 7/23/14, reversing a published court of appeals decision; majority opinion by Justice Gableman; case activity Under the two-step procedure for determining whether a confidential informant’s identity should be disclosed, a court must first determine whether there is reason to believe that the informant “may be able to give… Read more

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State v. Christopher T. Seiler, 2013AP1911-CR, District 2, 7/23/14 (not recommended for publication); case activity Seiler’s compelled statement to his probation agent didn’t taint a subsequent police investigation that led to new charges because, the court of appeals holds, the police investigation was based on sources “independent” of his statements to the agent. Seiler, on probation… Read more

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