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46. WI Court of Appeals

Consent to draw blood was voluntary

State v. Justin T. Kane, 2018AP1885-CR, District 4, 2/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) Kane’s consent to a blood draw after his arrest for OWI was voluntary under all the circumstances. The circuit court made findings of fact after a suppression hearing, and, of course, the court of appeals accepts those… Read more

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January 2020 publication list

On January 29, 2020, the court of appeals ordered publication in the following criminal law related cases: State v. James L. Jackson, Jr., 2020 WI App 4 (requiring internet identifiers of sex offender registrants doesn’t violate First Amendment) Dane County DHS v. J.R., 2020 WI App 5 (rejecting an “as applied” challenge to amended §… Read more

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State v. D.I.G., 2019AP855, 2/5/2020, District 2 (one-judge decision; ineligible for publication); case activity The juvenile here was found delinquent for sexual contact with his younger sister. He moved the court for a stay of registration under State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. The court declined to stay registration… Read more

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Racine County Human Services Department v. S.J.A., 2019AP2160 & 2161, 2/5/20, District 2 (one-judge decision; ineligible for publication); case activity It would be interesting to see the briefs in this case, but since it’s a TPR, they’re not online. What we can see is the opinion, which shows commendable (and unfortunately uncommon) attention to detail… Read more

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State v. Camron Rufus Spencer, 2019AP912-CR & 2019AP913-CR, District 1, 1/28/20 (one-judge decision; ineligible for publication); case activity (including state’s brief) Spencer’s custody leading up to his sentencing was not factually connected to the crimes for which he was sentenced, so he isn’t entitled to sentence credit for that time. Spencer was in custody for… Read more

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Officer complied with implied consent law

State v. Anthony J. Madland, 2019AP146-CR, District 3, 1/28/20 (one-judge decision; ineligible for publication); case activity (including briefs) Madland asserted that he requested an alternative chemical test under § 343.305 and that the officer who read the “informing the accused” form to him misled him as to his right to request an alternative test. The… Read more

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Restitution challenge forfeited

State v. Michael S. Coleman, 2019AP1999-CR, District 4, 1/30/20 (one-judge decision; ineligible for publication); case activity (including briefs) Coleman appealed the restitution ordered for the damage he did to a squad car by striking his head against the cage inside and kicking the door. (¶2). But his challenges are forfeited for failure to raise them… Read more

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State v. Edward L. Body, Sr., 2019AP836, 1/22/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Body appeals the sentence he received after the revocation of his probation. He claims the circuit court erred in considering his gender and unproven allegations contained in the PSI. He also argues the sentence–one year in… Read more

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