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46. WI Court of Appeals

State v. Misty Dawn Donough, 2017AP2000-CR, 7/10/18, District 1 (1-judge opinion; ineligible for publication), case activity (including briefs) Deputy Moldenhauer saw Donough’s car disabled on an interstate and stopped to help. Moldenhauer repeatedly interacted with Donough, told her to get into the car, put it in neutral, and steer as the car was pushed on… Read more

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Petitioner v. Robert D. Evans, 2018 WI App 53; case activity (including briefs) Evans, the respondent in a domestic abuse injunction proceeding, filed a substitution request on the day of the injunction hearing. To find a substitute judge in cases where substitution is requested so close to the hearing, the clerk uses an “email volunteer system”: An… Read more

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Monroe County DHS v. A.D., 2018AP825, District 4, 7/5/18 (one-judge decision; ineligible for publication); case activity A.D. argues the circuit court shouldn’t have granted summary judgment as to the grounds of the petition to terminate her parental rights, which alleged continuing denial of periods of physical placement or visitation under § 48.415(4). She also challenges the… Read more

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In re the Finding of Contempt in: State v. Shafia M. Jones, 2107AP2359, District 2, 5/9/18 (UNCITABLE SUMMARY DISPOSITION); case activity (including appellant’s brief) This is a summary order, the holding of which may be of interest to trial lawyers. Because it is a summary order, it may NOT be cited “in any court of this state… Read more

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State v. Dale R. Delvoye, 2017AP833, 7/3/18, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) At Delvoye’s OWI trial, an officer testified that as part of the stop he asked Delvoye to take a preliminary breath test. Counsel objected and moved for a mistrial. The trial court denied the mistrial, and the… Read more

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State v. Paul E. Ayala, 2017AP1510, 7/3/18, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Ayala was charged with OWI. A blood test showed a high level of Ambien in his system. He sought to defend on the ground of involuntary intoxication by presenting a pharmacologist’s testimony that he had a stomach… Read more

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State v. M.A.H., 2017AP1785 & 2017AP1786, District 1, 7/3/18 (one-judge decision; ineligible for publication); case activity State v. K.C.H., 2017AP1787 & 2017AP1788, District 1, 7/3/18 (one-judge decision; ineligible for publication); case activity M.A.H. and K.C.H. entered no-contest pleas to the continuing CHIPS grounds alleged in the petitions to terminate the parental rights to their children… Read more

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State v. Dion Lashay Byrd, 2017AP1968, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Byrd was convicted of making a bomb threat to the Fox 6 TV station in Milwaukee. He claims the sentencing court relied on two improper factors in imposing the maximum sentence for this Class I felony. First, he says the… Read more

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