State v. Jessy A. Rivard, 2018AP1070-CR, District 3, 6/18/19 (one-judge decision; ineligible for publication); case activity (including briefs) Rivard’s challenge to the use of a 2006 OWI conviction fails because the record supports the circuit court’s conclusion that Rivard’s waiver of counsel in that case was valid. Rivard’s challenge focuses on whether the 2006 colloquy… Read more
46. WI Court of Appeals
State v. Dustin M. Yanda, 2018AP412-CR, District 3, 6/18/19 (not recommended for publication); case activity (including briefs) In State v. Harbor, 2011 WI 28, 333 Wis. 2d 53, 797 N.W.2d 828, the supreme court held that a defendant seeking a “new factor” sentence modification doesn’t need to prove that the new factor “frustrates the purpose”… Read more
State v. T.A.D.S., 2018AP2173, District 1, 6/18/19 (one-judge decision; ineligible for publication); case activity T.A.D.S. pleaded no-contest to the abandonment ground alleged in the petition filed to terminate his parental rights to his daughter, T.S. He argues his plea was invalid because the circuit court’s plea colloquy didn’t correctly explain the statutory standard for the… Read more
State v. John S. Finley, 2018AP258-CR, District 2, 6/12/19 (not recommended for publication); case activity (including briefs) Here’s a succinct summary of this decision: “The Majority supports the government’s ‘interview,’ which utilized lies, threats, and fabrication of evidence to wrestle a statement from a thirty-six-year-old man, who has the mind of a twelve year old… Read more
James P. Moran v. Wisconsin Department of Justice, 2019 WI App 38; case activity (including briefs) James Moran was convicted of a felony in Virginia. That state has a procedure by which a person can petition to have his or her right to own a gun restored, and Moran’s petition was successful. So he can buy… Read more
Juneau County D.H.S. v. S.G.M., 2019AP553-556, 6/6/19, District 4 (1-judge opinion; ineligible for publication); case activity This appeal presents two issues of TPR law: (1) Whether a county must file an affidavit in support of its summary judgment motion; and (2) Whether Juneau County satisfied the requirement of §48.415(4)(a), which governs the “continuing denial of visitation.”… Read more
Bill Lueders v. Scott Krug, 2019 WI App 36; case activity (including briefs) Here’s a non-criminal case that may nevertheless prove useful to your criminal practice, if you seek information via the open-records law. Lueders (a reporter) sent an open records request to Krug (a state legislator)’s office, asking for emails referring to a particular… Read more
State v. Courtney C. Brown, 2019 WI App 34, petition for review granted, 10/15/19, affirmed, 2020 WI 63; case activity (including links to briefs) This is a published, split decision with a vigorous, showstopping “concurrence” by Reilly. Neubauer and Hagedorn hold that after writing Brown a ticket for a seatbelt violation, an officer’s request that he exit… Read more
