State v. Jason A. Marcotte, 2020 WI App 28; case activity (including briefs) After Marcotte was terminated from drug court and his probation revoked, he was sentenced by the same judge who’d presided over his case in drug court. Under the facts in this case, both the judge’s comments during drug court and his dual… Read more
B. Published opinions
State v. A.A., 2020 WI App 11; case activity Wisconsin Stat. § 938.355(6)(d)1. sets a maximum length of “not more than 10 days” for a custody sanction that a circuit court may impose on a juvenile who has violated a dispositional order. Is that 10 calendar days? Or, as the state argues, does “day” mean 24… Read more
Demonta Antonio Hall v. Wisconsin Department of Justice, 2020 WI App 12; case activity (including briefs) In a decision that will certainly benefit some people who were arrested for a crime but never charged, the court of appeals orders the Department of Justice to expunge its records showing Demonta Hall was arrested for two felony… Read more
On February 26, 2020, the court of appeals ordered publication of three decisions; none of them are in a criminal law related case… Read more
State v. Ryan C. Diehl, 2020 WI App 16; case activity (including briefs) At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and unfairly prejudicial, trial counsel… Read more
State v. Angel Mercado, 2020 WI App 14, petition for review granted, 5/19/20; reversed 1/20/20; case activity (including briefs) The court of appeals orders a new trial for Mercado on the grounds the circuit court erred in admitting the video statements of three children who accused him of sexually assaulting them. The circuit court didn’t… Read more
State v. Thomas Michael Barrett, 2020 WI App 13; case activity (including briefs) The court of appeals rejects Barrett’s facial and void-for-vagueness challenges to Wisconsin’s prohibition on firearm silencers, § 941.298. Barrett’s facial challenge argues the statute violates the Second Amendment, and relies on District of Columbia v. Heller, 554 U.S. 570 (2008). ¶19 … Read more
On January 29, 2020, the court of appeals ordered publication in the following criminal law related cases: State v. James L. Jackson, Jr., 2020 WI App 4 (requiring internet identifiers of sex offender registrants doesn’t violate First Amendment) Dane County DHS v. J.R., 2020 WI App 5 (rejecting an “as applied” challenge to amended §… Read more
