State v. James A. Jones, 2021 WI App 15; case activity (including briefs) Sometimes friends or relatives post bail so that a loved one charged with a crime can be released. This published decision holds that when charges are dismissed and read in at sentencing, and the court doesn’t order restitution on those charges, the bond… Read more
Published 2021
State v. Westley D. Whitaker, 2021 WI App 17, petition to review granted, 6/16/21, affirmed, 2022 WI 54; case activity (including briefs) This appeal raises a hot-button issue likely to interest SCOW. Just last year an investigative journalist reported that Amish communities do not report sexual assaults of children to social workers or police. Parents… Read more
State v. Gregory F. Atwater, 2021 WI App 16; case activity (including briefs) The circuit court denied Atwater’s request to have trial counsel testify at a Machner hearing by telephone rather than in person, as trial counsel had moved out of state and returning to testify would be onerous and logistically difficult. The court then… Read more
State v. C.G., 2021 WI App 11; petition for review granted 4/27; case activity Ella–a pseudonym–was adjudicated delinquent for a sexual assault committed when she was 15. Ella’s legal name is masculine in association; during her juvenile disposition she was transitioning to a female identity. In this appeal she challenges the circuit court’s refusal to… Read more
On January 27, 2021, the court of appeals ordered the publication of the following criminal law related decisions: State v. Thomas A. Nelson, 2021 WI App 2 (a new Confrontation Clause exception for nurse’s “Sexual Abuse Evaluation”) Jama I. Jama v. Jason C. Gonzalez, 2021 WI App 3 (criminal malpractice plaintiff needs to prove his… Read more
State v. Nhia Lee, 2021 WI App 12, case activity (including briefs) This is an important decision for areas of Wisconsin where there is a shortage of defense lawyers. In 2018, when the private bar rate was $40, Lee was charged with felonies in Marathon County and then held for 101 days without counsel while… Read more
State v. Todd N. Triebold, 2021 WI App 13; case activity (including briefs) Triebold was convicted of child sexual assault in Wisconsin and subject to lifetime sex offender registration. He moved to Minnesota and notified the Wisconsin DOC of his address. But he moved again and failed to notify either Wisconsin or Minnesota of his… Read more
State v. Benjamin J. Klapps, 2021 WI App 5; case activity (including briefs) The circuit court granted the state’s petition to revoke Klapps’s conditional release under § 971.17(3)(e), citing in particular the report of a prior examiner who didn’t testify at the revocation hearing and whose report wasn’t entered into evidence. (¶¶2-13). Klapps argued the… Read more
