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46. WI Court of Appeals

State v. Jude W. Giles, 2018AP1967-CR, District 3, 10/8/19 (one-judge decision; ineligible for publication); case activity (including briefs) Jude’s sought to admit the results of his preliminary breath test results (.076) to lay a foundation for his expert’s opinion that alcohol was still being absorbed into his blood, making the state hygiene lab’s blood test… Read more

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State v. Scott L. Nutting, 2017AP2049, 10/2/19, District 2, (not recommended for publication); case activity (including briefs) At Nutting’s trial for sexual assault of a child, the State played parts of an audio recording of his custodial interview, but court and counsel neglected to make a record of them. Some would have been highly prejudicial… Read more

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State v. Keith H. Shoeder, 2019 WI App 60; case activity (including briefs) So if you’re going to drink and drive your riding mower, stay on your lawn. Shoeder drove his riding mower on the paved shoulder of a city street, and was stopped and arrested for OWI in violation of § 346.63 after police… Read more

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State v. Deangelo Tubbs, 2019AP644, 10/1/19, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Police stopped Tubbs’s car, which lacked a front license plate. The officer who approached the vehicle saw a firearm in the car and immediately opened the door and told Tubbs to show his hands. (Tubbs had a concealed-carry… Read more

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Termination of parental rights affirmed

Outagamie County DHHS v. R.P., 2019AP990 & 2019AP991, District 3, 10/1/19 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in terminating R.P.’s parental rights, and in particular didn’t err by not considering a guardianship instead of termination. ¶6     We conclude the circuit court properly exercised its discretion… Read more

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State v. Michael K. Lorentz, 2018AP1515, 10/1/19 (one-judge decision; ineligible for publication); case activity (including briefs) The state charged Lorentz with violating four injunctions. One count was brought under Wis. Stat. § 813.12(8)(a) (for violating a domestic abuse injunction regarding his ex-wife) and three under Wis. Stat. § 813.122(11) (for violating three child abuse injunctions–one for each of their… Read more

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State v. Vaylan G. Morris, 2018AP1694-CR, Distrct 1, 10/1/19 (not recommended for publication); case activity (including briefs) O.M., an infant, died while c0-sleeping with Morris and her mom. Morris admitted that he may have rolled over onto her and pled guilty to 2nd degree recklessly endangering safety, party to a crime, At sentencing, the State… Read more

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State v. Orlando Davis, 2018AP2326-CR, 10/1/19, District 1, (1-judge opinion, ineligble for publication) case activity (including briefs) Davis filed a Bangert motion alleging that (1) the trial court failed to advise him of the elements of the offense to which he pled guilty, and (2) he did not understand those elements. At the postconviction hearing, Davis… Read more

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