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B. Published opinions

State v. Patrick A. Keller, 2021 WI App 22; case activity (including briefs) Keller was convicted of causing mental harm, as a party to a crime, to his stepdaughter, who has autism. During his trial, the circuit court admitted statements made by non-testifying confidential reporters to Child Protective Services access workers. In a published decision… Read more

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State v. Joseph G. Green, 2021 WI App 18; case activity (including briefs) SCOW recently declared parts of §971.14 unconstitutional. See State v. Fitzgerald,  2019 WI 69, 387 Wis. 2d 384, 929 N.W.2d 165 and our post here. The statute allowed the government to administer unwanted antipsychotic medication to a defendant to render him competent… Read more

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February 2021 publication list

On February 24, 2021, the court of appeals ordered publication of the following criminal law related cases: State v. C.G., 2021 WI App 11 (rejecting claim of First Amendment interest in legal name change sought by transgender person) State v. Nhia Lee, 2021 WI App 12 (charges dismissed due to delay in appointing counsel) State… Read more

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State v. James A. Jones, 2021 WI App 15; case activity (including briefs) Sometimes friends or relatives post bail so that a loved one charged with a crime can be released. This published decision holds that when charges are dismissed and read in at sentencing, and the court doesn’t order restitution on those charges, the bond… Read more

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State v. Westley D. Whitaker, 2021 WI App 17, petition to review granted, 6/16/21, affirmed, 2022 WI 54; case activity (including briefs) This appeal raises a hot-button issue likely to interest SCOW. Just last year an investigative journalist reported that Amish communities do not report sexual assaults of children to social workers or police. Parents… Read more

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State v. Gregory F. Atwater, 2021 WI App 16; case activity (including briefs) The circuit court denied Atwater’s request to have trial counsel testify at a Machner hearing by telephone rather than in person, as trial counsel had moved out of state and returning to testify would be onerous and logistically difficult. The court then… Read more

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State v. C.G., 2021 WI App 11; petition for review granted 4/27; case activity Ella–a pseudonym–was adjudicated delinquent for a sexual assault committed when she was 15. Ella’s legal name is masculine in association; during her juvenile disposition she was transitioning to a female identity. In this appeal she challenges the circuit court’s refusal to… Read more

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January 2021 publication list

On January 27, 2021, the court of appeals ordered the publication of the following criminal law related decisions: State v. Thomas A. Nelson, 2021 WI App 2 (a new Confrontation Clause exception for nurse’s “Sexual Abuse Evaluation”) Jama I. Jama v. Jason C. Gonzalez, 2021 WI App 3 (criminal malpractice plaintiff needs to prove his… Read more

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