County of Dunn v. Cashe L. Newville, 2018AP1167, 8/6/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Newville was pulled over by a sheriff’s deputy who observed that, among other things, his license plate lamps weren’t working. An arrest on suspicion of operating under the influence of methamphetamine followed. The court of… Read more
46. WI Court of Appeals
State v. Malcolm J. Sanders, 2019 WI App 52; case activity (including briefs) Sanders is black, and the DA struck the only black jurors from serving on his case because, even though they said they could be fair, they had had prior bad experiences with police, including being the subjects of racial profiling. Judges Gundrum… Read more
Ozaukee County v. R. C.J. Y., 2019AP297, 8/7/19, District 1 (1-judge opinion, ineligible for publication); case activity Many Chapter 51 cases are resolved through 90-settlement agreements entered just before or just after the circuit court holds a probable cause hearing. These settlement agreements are governed by §51.20(8)(bg),(bm) and (br). The court of appeals explained that if… Read more
State v. Darius Kavonta Smith, 2019AP642 & 643-CR, 8/6/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) During closing arguments, the DA made a sarcastic, belittling reference to public defenders who line up empty chairs to emphasize that the State neglected to call witnesses to prove guilt beyond a reasonable doubt. The… Read more
State v. Robert E. Hammersley, 2018AP1022, District 3, 7/30/19 (one-judge decision; ineligible for publication); case activity (including appellant’s brief) Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), doesn’t provide a basis to void the revocation of Hammersley’s driver’s license back in 1995 for refusing a blood alcohol test after his OWI arrest. Hammersley argues… Read more
State v. Medford B. Matthews, III, 2019 WI App 44; case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being in a private… Read more
State v. Adam Blaine Anderson, 2018AP718, 7/23/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Anderson, who had an outstanding warrant, in the yard of an a acquaintance with whom he was staying. Specifically, the sheriff saw him by means of a live surveillance video; they’d installed a… Read more
State v. James A. Culver, 2018AP799-CR, District 4, 7/25/19 (not recommended for publication); case activity (including briefs) Back in 2008 Culver was convicted and sentenced for OWI, fifth offense, with a minor in the car, which doubles the minimum and maximum penalties, § 346.65(2)(f). Now that his extended supervision (ES) is being revoked he challenges the… Read more
