Moore v. Madigan, 7th Circuit Nos. 12-1269 & 12-1788, 12/11/12 7th Circuit court of appeals decision Illinois’s broad ban forbidding most persons to carry a gun that is loaded, immediately accessible, and uncased violates the Second Amendment: We are disinclined to engage in another round of historical analysis to determine whether eighteenth-century America understood the Second… Read more
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Appling v. Doyle, 2013 WI App 3, petition for review granted 6/12/13, sub. nom. Appling v. Walker; case activity Wisconsin’s domestic partnership law upheld against challenge it violates 2006 “marriage amendment” to the state constitution (art. XIII, § 13), declaring that the only marriage recognized in Wisconsin is one “between one man and one woman” and… Read more
State v. Bobby L. Tate, 2012AP336-CR, District 1, 12/27/12; court of appeals decision (not recommended for publication), petition for review granted 6/12/13; case activity Order allowing police to track the current location of cell phone upheld, rejecting Tate’s argument that it constituted an illegal search warrant: ¶8 The heart of Tate’s argument on appeal is that the order… Read more
State v. Jesse D. Fries, 2011AP517-CR, District 4, 12/27/12 Court of appeals decision (not recommended for publication); case activity Cost of installing new, upgraded security system in a convenience store after robbery was a “special damage” and therefore a proper item of restitution: ¶8 Fries’ primary contention is that an expenditure does not qualify as… Read more
State v. Daniel Ryan Curry, 2012AP515-CR, District 1, 12/27/12 Court of appeals decision (not recommended for publication); case activity Newly discovered evidence Defendant not entitled to new trial based on potentially exculpatory testimony of two witnesses, because the witnesses were known to him before trial. The two witnesses were the son and nephew of a… Read more
State v. Melvin Pugh, 2013 WI App 12; case activity Two officers on patrol saw Pugh near two cars parked next to a vacant, boarded-up building posted with a “no parking” sign. This caused the officers to question Pugh—legitimately—about his possible illegal parking, but during that questioning the police also started asking about a nearby… Read more
court of appeals publication orders, 12/19/12 On Point posts: 2012 WI App 133 State v. Gary M. Hemmingway 2012 WI App 134 State v. Shawn David Schulpius 2012 WI App 136 State v. Joshua A. Prescott 2012 WI App 137 State v. Thomas E. Schmidt 2012 WI App 138 State v. Tony J. Lalicata 2012 WI App 139 State v. Calvin L. Brown… Read more
State v. Justin L. Garrett, Case No. 12AP1341-CR, District 2, 12/19/12 Court of appeals decision (1 judge; ineligible for publication); case activity Garrett failed to make a prima facie showing that his plea colloquy was defective, so his motion to withdraw plea was properly denied without an evidentiary hearing: ¶10 Garrett argues that he did not… Read more
