Erlinger v. United States, USSC No. 23-370, June 21, 2024, vacating United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023); Scotusblog page (with links to briefs and commentary) Whether offenses committed on three “occasions different from one another” for purposes of federal Armed Career Criminal Act must be found by a jury beyond a… Read more
11. Defense Wins
State v. Robert M. Schueller, 2023AP1755-CR, 6/20/24, District IV (recommended for publication); case activity In a decision recommended for publication, the court of appeals holds that advances in PTSD treatment constitute a new factor, where the sentencing court expressly relied on its understanding that Schueller’s PTSD was uncurable in determining his risk to the public and… Read more
State v. Michael Gene Wiskowski, 2024 WI 23, 6/18/24, reversing and remanding an unpublished court of appeals decision; case activity (including briefs) Community caretaking does not allow police to continue seizure after officer resolves purpose for stop unless reasonable suspicion or probable cause developed. Three justices question continuing validity of Wisconsin’s community caretaking precedent in… Read more
Town of Dunn v. Brian S. LaFleur, 2023AP1529-1531, 5/23/24, District IV (1-judge opinion, not eligible for publication); case activity LaFleur was stopped after driving on a road that was marked “closed to through traffic” because his vehicle was registered to an address outside of the area. After the circuit court granted LaFleur’s motion to suppress… Read more
State v. Megan E. Zeien, 2023AP1787-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity If you’ve ever wondered whether you have a Bangert claim concerning a circuit court’s failure to “ascertain personally whether a factual basis exists to support [your client’s] plea,” this unpublished but citable decision is worth a read. Unfortunately, the… Read more
K.W. & D.W. v. S.L., 2023AP1582, 2/13/24, District 3 (one-judge decision, ineligible for publication); case activity The summary judgment issue here turned on one simple question: did a genuine issue of fact exist as to whether S.L. (“Susan”) knew or could have reasonably discovered the whereabouts of her son (Alex) during the relevant period of… Read more
State v. Michele M. Ford, 2022AP187 & 2022AP188, 10/31/23, District I (one-judge decision; ineligible for publication); case activity The takeaway from this procedurally convoluted case is that Ford succeeds in her appeal from an order finding her incompetent to stand trial in two misdemeanor cases. Specifically, the court reverses and remands for a “nunc pro… Read more
Winnebago County v. D.E.S., 2023AP460, 9/20/23, District 2 (one-judge decision; ineligible for publication); case activity This is a nice case to know, both for its careful, thorough analysis of a common ch. 51 problem–commitments based entirely or extensively on hearsay–and its collection of other cases analyzing the same issue. The sole witness at D.E.S. (“Dennis”)’s… Read more
