State & T.A.J. v. Alan S. Johnson, 2020 WI App 73, petition to review granted, 2/26/21; case activity (including briefs) This is the first of what will likely be a series of appellate court decisions that re-make criminal litigation in light of “Marsy’s Law,” the recently-passed crime victims’ rights amendment to Article I, § 9m… Read more
B. Published opinions
On October 29, 2020, the court of appeals ordered the publication of the following criminal law related opinions: State v. Nathaniel R. Lecker, 2020 WI App 65 (overdose aider immunity statute didn’t apply the day after 911 call) State v. Peter J. King, 2020 WI App 66 (upholding severe restrictions on internet use during supervised… Read more
State v. Manuel Garcia, 2020 WI App 71, petition to review granted, 1/20/21, affirmed by an evenly divided court, 2021 WI 76; case activity (including briefs) Even if a court suppresses a defendant’s voluntary statement because it was obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966), the state may use the statement… Read more
On September 30, 2020, the court of appeals ordered publication of the following criminal law related decisions: State v. Morgan E. Geyser, 2020 WI App 58 (adult court didn’t lose jurisdiction over juvenile based on facts at preliminary hearing; Miranda waiver was knowing, voluntary, and intelligent) State v. Jordan Alexander Lickes, 2020 WI App 59… Read more
State v. Scott W. Heimbruch, 2020 WI App 68; case activity (including briefs) When an officer arrests a driver either for OWI or for causing death or great bodily harm without suspicion of OWI and requests a chemical test, he must read the driver the legislatively prescribed “Informing the Accused” form. See §343.305(3) and (4)… Read more
State v. Peter J. King, 2020 WI App 66; case activity (including briefs) Packingham v. North Carolina, 137 S Ct. 1730 (2017) struck down a law making it a felony for a registered sex offender to use any social networking site that permits minors to become members or to create personal web page. The statute… Read more
On August 31, 2020, the court of appeals ordered publication of the following criminal law related cases: State v. Donnie Gene Richards, 2020 WI App 48 (application of Mitchell v. Wisconsin regarding warrantless blood draws of unconscious drivers) State v. Yancy Kevin Dieter, 2020 WI App 49 (another warrantless blood draw justified by exigent circumstances)… Read more
State v. Nathaniel R. Lecker, 2020 WI App 65; case activity (including briefs) The application of a statute to undisputed facts is a question of law. This is an incontrovertible maxim of appellate review. “Question of law” sounds so august and erudite and specialized, doesn’t it? A question of law is a question into which… Read more
