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46. WI Court of Appeals

State v. Devon L. Loggins, 2017AP2045-CR, 7/31/18, District 1 (unpublished); case activity (including briefs) A fight between the Loggins and Jones families escalated into a violent melee involving at least 20 people. Some of them were punching Loggins, who saw a gun fall from one participant’s hoodie. He picked it up. Someone kicked him, and… Read more

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Rock County v. B.A.G., 2018AP782, 7/26/18, District 4, (1-judge opinion, eligible for publication); case activity B.A.G. challenged a court order to commit and medicate him under §51.20(1)(a)2e (the 5th standard). His main objection appears to be that being undressed outside in cold weather was insufficient evidence to commit him. The court of appeals does not articulate… Read more

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State v. Joseph B. Reinwand, 2017AP850-CR, District 4, 7/26/18, certification granted 9/4/2018, affirmed 2019 WI 25; case activity (including briefs) Issues: We certify this appeal to the Wisconsin Supreme Court to decide a question involving the “forfeiture by wrongdoing” doctrine. Under this doctrine, testimonial statements, which would otherwise be barred under the Confrontation Clause of the Sixth Amendment if… Read more

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July 2018 publication list

On July 25, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Theoris Raphel Stewart, 2018 WI App 41 (identity theft statute, § 943.203, applied to defendant’s forgery of documents he submitted at sentencing hearing) Drazen Markovic v. Jon E. Litscher, 2018 WI App 44 (DOC may… Read more

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State v. Aman D. Singh, 2017AP1609, 7/26/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) We last saw Singh attempting, and failing, to get his long-ago second-offense OWI dismissed by a writ of coram nobis. After that, he went back to court arguing that the count should be dismissed because of  Wis… Read more

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State v. Arthur Allen Freiboth, 2018 WI App 46; case activity (including briefs) In light of the Wisconsin Supreme Court’s May 2018 decisions in State v. Muldrow, 2018 WI 52, 381 Wis. 2d 492, 912 N.W.2d 74, and State v. Williams, 2018 WI 59, 381 Wis. 2d 661, 912 N.W.2d 373, the court of appeals now… Read more

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State v. Terrance Lavone Egerson, 2018 WI App 49; case activity (including briefs) Egerson told the trial court that his lawyer was “totally deficient” and declared a “total breakdown in communication.” The trial court agreed to let Egerson have a new lawyer, but as the parties and the court discussed logistics, he said: “let me… Read more

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State v. Demario D. Fleming, 2017AP1851-CR, District 1, 7/17/18 (not recommended for publication); case activity (including briefs) Applying its recent decision in State v. Piggue, 2016 WI App 13, 366 Wis. 2d 605, 875 N.W.2d 663, the court of appeals rejects Fleming’s request for sentence credit for time he spent in custody on charges that were… Read more

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