State v. Medford B. Matthews, III, 2019 WI App 44; case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being in a private… Read more
B. Published opinions
State v. David Gutierrez, 2019 WI App 41, petition for review granted, 11/13/19, reversed in part and affirmed in part, 2020 WI 52; case activity (including briefs) The circuit court allowed the state to admit testimony that Gutierrez’s DNA wasn’t found after testing of relevant evidence state as well as testimony about why his DNA… Read more
On June 26, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Traci L. Kollross, 2019 WI App 30 (filing a citation in municipal court didn’t toll statute of limitations for criminal case based on same conduct) State v. Christopher L. Gee, 2019 WI App 31 (other-acts… Read more
James P. Moran v. Wisconsin Department of Justice, 2019 WI App 38; case activity (including briefs) James Moran was convicted of a felony in Virginia. That state has a procedure by which a person can petition to have his or her right to own a gun restored, and Moran’s petition was successful. So he can buy… Read more
Bill Lueders v. Scott Krug, 2019 WI App 36; case activity (including briefs) Here’s a non-criminal case that may nevertheless prove useful to your criminal practice, if you seek information via the open-records law. Lueders (a reporter) sent an open records request to Krug (a state legislator)’s office, asking for emails referring to a particular… Read more
State v. Courtney C. Brown, 2019 WI App 34, petition for review granted, 10/15/19, affirmed, 2020 WI 63; case activity (including links to briefs) This is a published, split decision with a vigorous, showstopping “concurrence” by Reilly. Neubauer and Hagedorn hold that after writing Brown a ticket for a seatbelt violation, an officer’s request that he exit… Read more
On May 29, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Michael J. Scott, 2019 WI App 22 (the exclusionary rule applies to property forfeiture actions; but so does the good-faith exception) State v. Mose B. Coffee, 2019 WI App 25 (OWI arrest automatically permits a… Read more
State v. Traci L. Kollross, 2019 WI App 30; case activity (including briefs) The circuit court held that the filing of a municipal court citation against Kollross for OWI 1st tolled the three-year statute of limitation for a criminal charge based on the same incident. The court of appeals disagrees and orders the criminal OWI… Read more