State v. Jimmie Lee Smith, 2014 WI App 98, petition for review granted 6/12/15; case activity If you’re working on a competency issue, read this decision. Neither the trial court nor defense counsel raised the subject of Smith’s competency at the time of trial. And Smith had not received a pre-trial competency exam. That’s why… Read more
B. Published opinions
Tiffany Hill v. D.C., 2014 WI App 99; case activity Because the plain language of § 813.125(3)(c) allows only one extension of a temporary restraining order, the circuit court lost competency to proceed when it extended the TRO twice. Under the two-part procedure for harassment injunctions, a party first seeks an ex parte TRO, and then the court holds a final… Read more
State v. Kim B. Simmelink, 2014 WI App 102; case activity The court of appeals holds that § 939.74(2)(b)’s extended statute of limitation for certain theft charges runs from actual discovery of the theft, and not from when the theft should have been discovered with the exercise of reasonable diligence. In 2006 authorities began investigating whether Simmelink… Read more
State v. Thomas W. Koeppen, 2014 WI App 94; case activity A “motor bicycle” is a bicycle with a motor added, and can be either pedaled or self-propelled using the motor, § 340.01(30). Whether a person can be charged under the OWI/PAC statute based on his operation of a motor bicycle depends on whether a motor bicycle is a “motor vehicle”… Read more
State v. Todd J. Giese, 2014 WI App 92; case activity Expert testimony regarding retrograde extrapolation of Giese’s blood alcohol concentration is admissible under new version of § 907.02(1) despite the fact some experts doubt its reliability because it was the product of reliable principles and methods and based upon sufficient facts and data. Giese, who was charged with operating… Read more
State v. Price G. Turner, III, 2014 WI App 93; case activity A minor does not as a matter of law lack the capacity to consent to police interception of the minor’s conversations with another person and therefore vicarious consent by a parent is not required. After Turner’s 15-year-old daughter told police Turner had been sexually assaulting… Read more
State v. Hershel R. Stanley, 2014 WI App 89; case activity Even if DOC was required to release Stanley from prison on his presumptive mandatory release date instead of holding him to his maximum discharge date, the ch. 980 petition filed against him before his discharge date was timely because § 980.02(1m) permits filing a ch. 980 petition before… Read more
State v. Vernon D. Hershberger, 2014 WI App 86; case activity As a general rule, a person may not collaterally attack a prior judicial order or judgment in a proceeding brought to enforce that order or judgment, e.g., State v. Campbell, 2006 WI 99, ¶¶51-55, 294 Wis. 2d 100, 718 N.W.2d 649. The court of appeals holds… Read more
