admin

State v. Clarence E. Brown, 2011AP2049-CR, District 1, 4/17/12 court of appeals decision (1-judge, not for publication); for Brown: Daniel R. Drigot; case activity Carrying Concealed Weapon, § 941.23 (2009-10) – Facially Constitutional The court upholds the constitutionality of the prior version of § 941.23, CCW, as not violating the right to bear arms (since-modified, to allow conceal-carry… Read more

State v. Thomas M. Pocian, 2012 WI App 58 (recommended for publication); for Pocian: Martin E. Kohler, Craig S. Powell, Geoffrey R. Misfeldt; case activity ¶2        In 1986, Thomas M. Pocian was convicted of writing forged checks, a felony.  Twenty-four years later, Pocian was prosecuted under Wis. Stat. § 941.29, which prohibits a felon from possessing a firearm.  Relying on Heller and McDonald, Pocian… Read more

State v. Michael L. Frank, 2011AP2306, District 3, 4/10/12 court of appeals decision (1-judge, not for publication); for Frank: Robert A. Kennedy, Jr.; case activity Information, provided by a 911 caller reporting observations about Frank’s erratic driving, provided a basis for a lawful stop. 17      In this case, we conclude that Judge lawfully stopped Frank based on Shatzer’s… Read more

State v. David D. Austin, 2011AP1042, District 1, 4/10/12 court of appeals decision (1-judge, not for publication); pro se; case activity Because Austin was no longer in custody under the conviction he sought to collaterally attack pursuant to § 974.06, the court lacked jurisdiction to entertain his motion. It is not enough that he was in… Read more

State v. Levi Alexander Rodebaugh, 2011AP2659-CR, District 4, 4/5/12 court of appeals decision (1-judge, not for publication); for Rodebaugh: Bryon J. Walker; case activity Grant of mistrial was unsupported by “manifest necessity,” hence was an erroneous exercise of discretion, where the complainant failed to show for trial and couldn’t be quickly located. Retrial is therefore barred as… Read more

Question Presented (from Supreme Court docket):  The Immigration and Nationality Act provides that an alien “who is convicted of an aggravated felony at any time after admission is deportable.” 8 U.S.C. §1227(a)(2)(A)(iii). A state law offense may constitute an “aggravated felony” if it is the equivalent of a “felony punishable under the Controlled Substances Act.”… Read more

State v. Devin W. Felix, 2012 WI 36, reversing unpublished decision; for Felix: Leonard D. Kachinsky; case activity Under Payton v. New York, 445 U.S. 573 (1980), warrantless arrest following nonconsensual entry of a home is illegal unless supported by probable cause and exigent circumstances. However, New York v. Harris, 495 U.S. 14 (1990) deems non-suppressible as a matter… Read more