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Attorney Mark Gumz from the SPD’s Baraboo office has a good deal to say about State v. Hemp, the court of appeals’ latest expunction decision.  Read his comments here. Eek! “Judge Fired for Sunbathing Nude in Her Chambers” here. When imposing a sentence, Wisconsin courts may consider the defendant’s demeanor at trial and his remorse. … Read more

Wood County v. Linda S.D., 2013AP1380, 2/16/14, District 4 (1-judge, ineligible for publication), case activity Do you know what an infinite loop is?  This decision is a good example of one. Linda S.D. was subject to a Ch. 51 inpatient commitment order, and the County petitioned to extend it.  The test for extending a commitment order… Read more

State v. Shymika S.W., 2013AP2415, District 1, 2/4/14  (1-judge opinion, ineligible for publication), case activity Issue:  Whether, in terminating Shymika S.W.’s parental rights to her daughter, the circuit court erroneously exercised its discretion by ignoring § 48.426(3)’s “adoptability factors?”  Those factors are found in § 48.426(3)(a) and (f), and they require consideration of the likelihood of the… Read more

Washington County v. Joseph Harvey Bingen, 2013AP1171, District 2, 2/5/14; court of appeals decision (1-judge; ineligible for publication); case activity The trial court didn’t erroneously exercise its discretion by denying Bingen’s request for additional voir dire of prospective jurors for his first-offense OWI trial. In particular, Bingen was not able to ask if any jurors had been… Read more

State v. Kearney Hemp, 2014 WI App 34, petition for review granted 6/12/14, reversed 2014 WI 129; case activity Every so often there’s an opinion that makes you shake your head in disbelief.  This is one of them. Hemp was convicted with 1 count of possession with intent to deliver THC, aka hemp.  A court granted… Read more

State v. Ryan P. O’Boyle, 2013AP1004-CR, District 1, 2/4/14; court of appeals decision (1-judge; ineligible for publication); case activity O’Boyle’ claimed his lawyer was ineffective for failing to move to strike the references in the complaint to “domestic abuse” because that isn’t a separate, stand-alone charge. He also claimed counsel failed to explain that the… Read more

State v. Timothy A. Jago, 2013AP1084-CR, District 1, 2/4/14; court of appeals decision (not recommended for publication); case activity Trial counsel was not ineffective for failing to move in limine to exclude other-acts evidence–specifically, evidence that Jago told the victim he has only pointed a gun at two people in his life, the victim and… Read more