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State v. Brian C. Beahm, 2013AP1678-CR, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity An 12- to 13-month delay between Beahm’s arrest and the filing of OWI charges did not violate his Sixth Amendment right to speedy trial. Whether a defendant’s Sixth Amendment right to a speedy trial has been… Read more

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State v. Michael J. Adrian, Jr., 2013AP1890-CR, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity Transporting Adrian from the site his vehicle was stopped to the nearest police station for the purpose of performing field sobriety tests did not convert a lawful Terry detention into an illegal custodial arrest. A person temporarily… Read more

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Marquette County v. Randy S. Tomaw, 2013AP1510, District 4, 3/6/14; court of appeals decision (1-judge; ineligible for publication); case activity Tomaw was going 17 miles over the speed limit at 1:20 on a Sunday morning. He did not appear to respond to the officer’s initial attempt at contact, his upper body swayed as he walked to… Read more

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Rosemond v. United States, USSC 12-895, 3/5/14, vacating and remanding United States v. Rosemond, 695 F.3d 1151 (10th Cir. 2012); Scotusblog page (includes links to the Court’s docket, the briefs, and commentary on the case) Resolving an issue that had split the federal circuit courts, the Supreme Court holds that in a prosecution for aiding and… Read more

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Incomplete record means no review

State v. Daniel T. Storm, 2013AP2212, District 2, 3/5/13; court of appeals decision (1-judge; ineligible for publication); case activity The court of appeals rejects Storm’s claim that the circuit court imposed a fine and costs without determining his ability to pay because Storm did not provide a complete record on appeal: ¶4        It would have been… Read more

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State v. Gabriella Bernabei, 2013AP1734-CR & 2013AP1735-CR, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP1734-CR; 2013AP1735-CR The trial court properly denied Bernabei’s motion to withdraw her pleas before sentencing because the record supported its conclusion that she had not proven she was suffering a panic attack at the time… Read more

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State v. Tammy S. Cole, 2013AP947-CR, District 4, 2/27/14; court of appeals decision (not recommended for publication); case activity The trial court did not err in declining to instruct on second-degree reckless homicide or homicide by negligent handling of a dangerous weapon, as Cole requested at her trial on one count of first degree intentional… Read more

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Links to the Latest Legal News!

In a nod to the Oscars, can you name the best legal movies of all times?  First guess, then see Above the Law’s post here. The law you won’t be told!  Enjoy this short, funny video explaining juror nullification–but don’t show it to prospective jurors. Or maybe you should.  :-) Surreptitious videos of SCOTUS arguments… Read more

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