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Manitowoc County v. Ryan A. Spatchek, 2013AP986, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity An anonymous call to police dispatch said Spatchek was operating while intoxicated and that the caller was concerned for his safety and provided verifiable information as to Spatchek’s location  that was later confirmed by a deputy… Read more

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State v. Alejandro Rodriguez, 2013AP695-CR, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Trial counsel was not ineffective for deciding not to call Rodriguez’s girlfriend as a witness. Counsel advised Rodriguez he thought it was not in Rodriguez’s interests to have her testify because her recantations made her credibility suspect, she refused to… Read more

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State v. Jace H., 2012AP2479, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity The state petitioned to waive Jace H. into adult court in two delinquency cases involving allegations of sexual assault of two different victims. (¶¶2-4). After the circuit court granted the waiver petition, Jace’s new lawyer determined–and the… Read more

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State v. Ali Mursal, 2013 WI App 125; case activity Before accepting a defendant’s guilty or no contest plea the court is required to advise the defendant there may be immigration consequences. Wis. Stat. § 971.08(1)(c). While that statute prescribes a text for the required warning—complete with quotation marks—the court of appeals holds in this… Read more

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October Arguments in SCOW

The Supreme Court of Wisconsin is about to hear arguments in 5 cases of interest to public defenders.  See the list of cases and issues below.  Perhaps you are wrestling with the same issue in one of your cases.  If so, click on the case name to get to the court docket and the parties’… Read more

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State v. Roberta W., 2013AP936, District 1, 9/24/13; court of appeals decision (1-judge; ineligible for publication); case activity Trial counsel was not ineffective for failing to object to evidence that Roberta W. had failed to meet the conditions for the return of two of her other children under a CHIPS order in a different county… Read more

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Review of published court of appeals decision; case activity Issue (composed by On Point) Does Wis. Stat. § 972.11(2)(b)1. bar evidence of prior consensual sexual activity between a defendant and complainant in a case involving alleged forcible criminal conduct because the consensual conduct is not relevant to a material fact in the case? Petitions for review are… Read more

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City of Stevens Point v. Katrina L. Shurpit, Appeal No. 2013AP538, 9/26/13; (1-judge; ineligible for publication); case activity Shurpit challenged the investigative stop that led to her convictions for operating a vehicle with a prohibited alcohol content and while under the influence of an intoxicant.  A hit-and-run had a occurred in the vicinity a few minutes… Read more

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