Village of Elm Grove v. Richard K. Brefka, 2013 WI 54, affirming unpublished court of appeals opinion; Justice Bradley, for a unanimous court; case activity The 10-day deadline for filing a request for a refusal hearing, §§ 343.305(9)(a)4. and (10)(a), is mandatory, and may not be extended based on excusable neglect. Brefka was issued a… Read more
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State v. Ebony D., 2013AP619, 2013AP620, & 2013AP621, District 1, 6/25/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP619; 2013AP620; 2013AP621 The continuing need for protection and services grounds for termination of parental rights, § 48.415(2), is not unconstitutional as applied to Ebony D. because the evidence shows she was able to meet the… Read more
City of Port Washington v. David A. Thompson, 2012AP2500, District 2, 6/26/13; court of appeals opinion (1-judge; ineligible for publication); case activity The trial court did not err in allowing Hackworthy, the state’s chemical test expert, to give her opinion that Thompson’s BAC at the time of driving was 0.15 based on average alcohol elimination… Read more
State v. Michael T. O’Haver, 2011Ap2930-CR, District 2/4, 6/20/13; court of appeals decision (not recommended for publication); case activity Change of venue The circuit court did not erroneously exercise its discretion in denying O’Haver’s motion to change venue, applying State v. Albrecht, 184 Wis. 2d 287, 306, 516 N.W.2d 776 (Ct. App. 1994). There were… Read more
State of Wisconsin/City of Sturgeon Bay v. Bradley H. Hart, 2013AP85, District 3, 6/18/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court’s finding that Hart refused a chemical is not clearly erroneous, despite Hart’s being from Illinois, where the law is different, and his acquiescence, without physical resistance, to the… Read more
United States v. Anthony James Kebodeaux, USSC No. 12-418, 6/24/13 United States Supreme Court decision, reversing U.S. v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012) The Court holds that the federal Sex Offender Registration and Notification Act (SORNA) applies to a person despite the fact he was convicted (at a court martial), and completed service of… Read more
State v. Kenneth M. Sobczak, 2013 WI 52, affirming published court of appeals decision; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent. In a significant expansion of the third-party consent doctrine, the supreme court holds that a weekend guest may grant consent to police to enter her host’s home… Read more
State v. Steffes, 2013 WI 53, on review of a published court of appeals opinion; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent. Given the absence of precedent, Wisconsin Supreme Court may be out on a limb (or, rather, a pole) on this one. Apparently, while in prison, Matthew… Read more
