State v. Michael R. Luedtke, 2014 WI App 79, petition for review granted 10/15/14, affirmed, 2015 WI 42 (posts here and here); case activity Section 346.63(1)(am), which prohibits operating a motor vehicle with a detectable amount of a restricted controlled substance in the blood, does not violate due process by failing to require proof that the defendant knowingly ingested the… Read more
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State v. Jacqueline Robinson, 2014 WI 35, affirming an unpublished court of appeals decision; case activity From the majority opinion, this looks like an open and shut case. When sentencing Robinson, the trial judge said he misunderstood the sentence she had received in another matter. One day later, he recalled the case and increased the… Read more
The Supreme Court of Wisconsin’s deadline for deciding cases is June 30th, but according to a May 21st court memo they had only discussed 23% of the cases they plan to decide this term. The Chief says what the justices need are more opportunities to discuss their cases. What Justices Crooks, Prosser, Roggensack, Gabelman and… Read more
State v. Cordarol M. Kirby, 2014 WI App 74; case activity The court of appeals holds that “while exigent circumstances may justify entry, the fact that entry has already been made does not necessarily invalidate reliance on the exigent circumstances doctrine.” (¶22). Thus, because in this case there were exigent circumstances justifying police entry into an… Read more
State v. One 2010 Nissan Altima, 2013AP2176, District 2, 6/11/14 (not recommended for publication); case activity Daughter’s possession of and control over a car titled and registered in her father’s name made her the “owner” of the car for purposes of the property forfeiture law, so the circuit court properly rejected her father’s claim that he was… Read more
State v. Donald Ray Michael, 2012AP2738-CR, District 1, 6/10/14 (not recommended for publication); case activity Michael is entitled to a new trial on reckless injury and felon in possession of a firearm charges because trial counsel provided ineffective assistance at trial by failing to introduce evidence from the police department’s computer automated dispatch (CAD) report and… Read more
State v. Dwayne F., Jr., 2014AP595, District 1, 6/10/14 (1-judge; ineligible for publication); case activity The trial court properly exercised its discretion in determining that the best interests of Dwayne F.’s daughter would be served by a guardianship with the Child Welfare Bureau for adoption by her foster family, instead of placement with Dwayne F.’s father. Dwayne stipulated to termination… Read more
Office of Lawyer Regulation v. Peter J. Thompson, 2014 WI 25; case activity The supreme court rejects OLR’s attempt to discipline a lawyer who disclosed confidential client information in advance of a Machner hearing, finding the context in which the disclosure was made to be “of critical importance” to its determination (¶26) while also reminding lawyers… Read more
