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46. WI Court of Appeals

Defense win on community caretaking seizure

State v. Bryan J. Landwehr, 2016AP2536-CR, 11/7/17, District 3 (one-judge decision; ineligible for publication) case activity (including briefs) The court of appeals holds that officers lacked a valid community caretaker basis to seize Landwehr from his garage based on speculation that he might engage in a domestic dispute in the future. An officer on patrol… Read more

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Evidence supported dangerousness finding

Langlade County v. D.J.W., 2017AP1313-FT, District 3, 11/7/17 (one-judge decision; ineligible for publication); case activity There was sufficient evidence at D.J.W.’s commitment trial to establish he met the standard for dangerousness under § 51.20(1)(a)2.d. D.J.W. argues the evidence wasn’t sufficient to establish a recent failure to care for himself or a probability of imminent harm if he… Read more

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State v. Shawn T. Wiskerchen, 2016AP1541-CR, 11/1/17, District 2 (not recommended for publication), petition for review granted 3/14/18; affirmed 1/4/19; case activity (including briefs) “If you start off on the wrong foot, the footer you go, the wronger it gets.” So said Hank the Cowdog and so, essentially, argues the dissenting opinion in this case.  Section… Read more

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State v. A.L., 2017 WI App 72, petition for review granted 6/11/18, affirmed, 2019 WI 20; case activity; review granted 6/11/18 The court of appeals holds that § 938.30(5) permits a juvenile court to order the re-evaluation of competency of a juvenile previously found not competent to proceed even though the juvenile was also found not likely to… Read more

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State v. Micah Nathaniel Reno, 2016AP1371-CR, District 1 (not recommended for publication); case activity (including briefs) Reno’s trial lawyer wanted to call A.A. as a witness at trial. But A.A. had a pending case and A.A.’s lawyer told Reno’s lawyer not to talk to her. Thinking he was barred by the ethics rules from talking to… Read more

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State v. Gary Lee Wayerski, 2015AP1083-CR, District 3, 10/31/17 (not recommended for publication), petition for review granted 3/13/18, and modified, and afford as modified, 2019 WI 11; case activity (including briefs) Rejecting Wayerski’s argument to the contrary, the court of appeals holds that a police officer alleged to have sexually assaulted two teenage boys could… Read more

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State v. Eric L. Moore, 2016AP1292-CR, District 1, 10/31/17 (one-judge decision; ineligible for publication); case activity (including briefs) Moore’s right to confrontation wasn’t violated by the admission of the recording of a 911 call about an incident in which Moore was alleged to have committed battery against A.J. Nor was Moore’s lawyer ineffective for deciding not… Read more

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Waushara County v. B.G., 2017AP956, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity When the circuit court entered a protective services order for B.G., it did not include any conditions or labels such as “temporary” or “conditional.” It did, however, state that B.G. “does not meet the standards for protective placement.” When B.G… Read more

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