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State v. Earnest Lee Nicholson, 2013AP722-CR, District 1, 10/29/13; court of appeals decision (1-judge; ineligible for publication); case activity Nicholson was arrested for felony battery of his girlfriend, Marnice Franklin, but the battery charge was dismissed after Franklin failed to appear to testify at trial; Nicholson was also charged with resisting an officer, and that… Read more

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State v. Kari L. Schiewe, 2012AP2767-CR, District 4, 10/24/13; court of appeals decision (1-judge; ineligible for publication); case activity Applying well-established principles the court of appeals holds that despite the lack of field sobriety tests or other additional investigatory steps there was probable cause to arrest Schiewe for OWI based on information from witnesses and… Read more

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State v. Carl A. Reed, 2013 WI App 132; case activity Reed pled no contest to substantial battery in exchange for the State’s agreement to dismiss 3 other counts and to refrain from making a sentencing recommendation.  The State also received the right to withdraw from the agreement if  Reed “commits any new or additional… Read more

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State v. Richard P. Hessil, 2013AP944-CR, District 2, 10/23/13; court of appeals decision (1-judge; ineligible for publication); case activity Hessil, charged with resisting an officer, disorderly conduct, and failure to obey a traffic officer, unsuccessfully moved to admit evidence of citizen complaints and police employment records to cast doubt on the arresting officer’s character for truthfulness, citing… Read more

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State v. Dragisa Pavlovic, 2013AP1180-CR, District 2, 10/23/13; court of appeals decision (1-judge; ineligible for publication); case activity Pavlovic was charged with bail jumping for violating bond conditions that included no contact with his wife or her residence. (¶2). One count alleged he had contact with his wife on July 23; the evidence at trial, however… Read more

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Question presented: Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia. Lower court opinion: Hall v. State, 109 So.3d 704 (Fla. 2012) Docket Scotusblog page Atkins v. Virginia, 536 U.S. 304 (2002), held that it is unconstitutional under the Eighth Amendment to execute a person who is found… Read more

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Question presented: Whether a defendant-who has fraudulently obtained a loan and thus owes restitution for the loan under 18 U.S.C. § 3663A(b)(1)(B) returns “any part” of the loan money by giving the lenders the collateral that secures the money? Lower court opinion: United States v. Robers, 698 F.3d 937 (7th Cir. 2012) Docket Scotusblog page In… Read more

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Jackson County v. Robert J. Troka, 2013AP317, District 4, 10/17/13; court of appeals decision (1-judge; ineligible for publication); case activity A police officer lawfully stopped a car traveling in the opposite direction that flashed its high beams at the officer twice, once within about a half mile of the officer, the second time within about… Read more

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