State v. Joel I.-N., 2014 WI App 119; case activity The unrecorded statement Joel I.N., a juvenile, gave to the police was admissible despite the fact the police failed to record the statement as required by §§ 983.195(2)(b) and 938.31(3)(b) because “exigent public safety circumstances” rendered recording his statement infeasible under § 938.31(3)(c)5. Joel also knowingly, intelligently, and voluntarily… Read more
Published 2014
State v. Charles L. Chew, 2014 WI App 116; case activity In its first decision addressing Wisconsin’s recently adopted “castle doctrine,” § 939.48(1m), the court of appeals holds Chew wasn’t entitled to a self-defense jury instruction under the statute because the men Chew shot at were not “in” his “dwelling.” Chew’s ex-girlfriend, accompanied by her new boyfriend Lee and his… Read more
State v. Jeremiah R. Popp & Christopher A. Thomas, 2014 WI App 100; case activity: Popp; Thomas The search warrant for the home shared by Popp and Thomas was invalid because the primary basis for the warrant was derived from observations made by police when they trespassed on the defendants’ property and peered into their windows. After… Read more
State v. Marie A. Ezell, 2014 WI App 101; case actvity Prison guards overheard Ezell tell her incarcerated boyfriend that she would smuggle in drugs for him on her next visit. When she tried to follow through, the guards detained her in a conference room, questioned her, and obtained damning evidence. Due to the lack… Read more
State v. Thomas J. Anker, 2014 WI App 107; case activity If a conservation warden shouted “you’re under arrest,” ordered you to stop walking, forcibly handcuffed you, and restrained you in his car until he could turn you over to investigating authorities, would you think you were under arrest or simply “temporarily detained”? The State, with a… Read more
State v. Joseph T. Trepanier, 2014 WI App 105; case activity This case presents an issue of first impression: Whether a defendant is entitled to sentence credit for time spent in presentence custody for a burglary when he was also in custody pursuant to an unrelated civil commitment for contempt of court. The State, naturally, opposed dual sentence credit. But the winner… Read more
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
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
