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Published 2011

State v. Herbert O. Richard, 2011 WI App 66 (recommended for publication); for Richard: Steven D. Grunder, SPD, Madison Appellate; case activity Changes in the scoring of the actuarial test which was used to support Richard’s commitment at his original trial, cannot support his discharge petition even though his new score would reduce his predicted likelihood… Read more

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Sex Offender Residency Restriction

Village of Menomonee Falls v. Jason R. Ferguson, 2011 WI App 73 (recommended for publication); for Ferguson: Daniel P. Fay; case activity Ferguson’s guilt for violating local sex offender residence-restriction ordinance upheld, as against argument that he fell within grandfather clause exception. The ordinance bars registered sex offenders from living within 1500 feet of any facility… Read more

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Fond du Lac County v. Helen E. F., 2011 WI App 72(recommended for publication), affirmed 2012 WI 50; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Alzheimer’s disease is not a qualifying mental condition for purposes of ch. 51 commitment, therefore Helen E.F. is not a proper subject for treatment as a… Read more

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State v. Ralph H. Davis, 2011 WI App 74 (recommended for publication); for Davis: Chandra N. Harvey, SPD, Madison Appellate; case activity Warrantless Entry – Curtilage – Implied Invitation Doctrine ¶9      The protections of the Fourth Amendment extend beyond the walls of the home to the “curtilage.” Oliver v. United States, 466 U.S. 170, 180… Read more

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Adam Martine v. Quentin J. Williams, 2011 WI App 68 (recommended for publication); case activity ¶13      Prior to last year, this court applied a general rule regarding court of appeals’ cases reversed by the supreme court that “holdings not specifically reversed on appeal retain precedential value.”  Blum v. 1st Auto & Cas. Ins. Co., 2010 WI 78… Read more

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SVP: Pre-Commitment Return to DOC Custody

State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2011 WI App 61, affirmed 2012 WI 72 (recommended for publication); for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt:  Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt); affirmed, 2012 WI 72 SVP – Pre-Commitment… Read more

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State v. Robby D. Kuenzi, 2011 WI App 30; for Rory Kuenzi: Thomas W. Johnson; for Robby Kuenzi: Jefren E. Olsen, SPD, Madison Appellate; case activity Animal Cruelty, § 951.02 Cruel mistreatment of non-captive wild animals – in this case, deer intentionally rammed by snowmobiles, concededly cruel acts – may be prosecuted under § 951.02, whether… Read more

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State v. James M. Drown, 2011 WI App 53; for Drown: Shelley Fite, SPD, Madison Appellate; case activity As a matter of law, equitable estoppel doesn’t bar prosecution of a crime. After pleading guilty to Shawano County charges related to an abduction and assault, Drown was charged in Oconto based on the same incident. The… Read more

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