Eau Claire County v. Mary S., 2013AP2098, District 3, 1/28/14 (1-judge opinion ineligible for publication); case activity Mary S. was placed under a Chapter 51 mental health commitment and involuntary medication order in 2011, and those orders were extended once. But when the County sought to extend the orders again, Mary objected and argued that… Read more
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State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14, affirmed, 2015 WI 22; case activity Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable… Read more
State v. Danny Robert Alexander, 2013AP843-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication), petition for review granted 6/12/14, reversed, 2015 WI 6; case activity Alexander was on probation when he was charged with forgery. He pled to the forgery and a PSI was prepared. (¶2). Attached to the PSI were statements the defendant… Read more
State v. Quincy Lashawn Baker, 2013AP242-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Baker was given a resentencing hearing based on inaccurate information about the maximum periods of confinement and supervision for the crime of conviction (felony murder). (¶¶4-5). At the resentencing hearing before a different judge, the state… Read more
State v. Dartanian Lemont Lewis, 2013AP454-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Lewis was a passenger in a car stopped for safety belt violations. During the stop he was frisked, leading to the discovery of cocaine. He argued the frisk was improper because § 347.48(2m)(gm) prohibits police from taking an… Read more
County of Milwaukee v. Shear Winston, 2013AP479, District 1, 1/28/14; court of appeals decision (1-judge; ineligible for publication); case activity Winston can’t get court costs against the county after his speeding citations were dismissed (¶¶2-5): ¶11 Wisconsin Stat. § 345.53 states: “[i]n traffic regulation actions in all courts, costs may not be taxed against the plaintiff.” The language… Read more
Marcus Burrage v. United States, USSC 12-7515, 1/27/14, reversing United States v. Burrage, 687 F.3d 1015 (8th Cir. 2012). Docket here. SCOTUSblog analysis here. The Uniform Controlled Substances Act imposes a 20-year mandatory minimum sentence on a defendant who unlawfully distributes a Schedule I or II drug, when “death or serious bodily injury results from… Read more
State v. Peter T. Heine, 2014 WI App 32; case activity Heine was charged with reckless homicide for supplying heroin to a young man who died after using the drug. (¶1). Tranchida, the pathologist who conducted the autopsy, concluded the victim died of a heroin overdose based both on his findings during the autopsy and on a toxicology… Read more
