State v. Brandon M. Swiecichowski, 2016AP1808-CR, 1/25/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Mr. Swiecichowski was pulled over after an officer saw his vehicle driving in a construction area signed as being closed to through traffic. Before pulling him over the officer ran his plates and found the vehicle to… Read more
11. Defense Wins
State v. David Hager, Jr., 2017 WI App 8, petition for review granted 5/15/17; reversed 4/19/18; case activity (including briefs) This is the first (likely) published case to construe the 2013 amendments to the ch. 980 discharge petition standard. The court of appeals holds that while the legislature required a committed person seeking a discharge… Read more
State v. Brittanie Jo Palaia, 2016AP467-CR, 12/30/17, District 3 (1-judge decision; ineligible for publication); case history (including briefs) Here we have the latest twist on State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, which held that an officer who knows only that a moving vehicle is registered to a person… Read more
County of Fond du Lac v. Stuart D. Muche, 2016 WI App 84; case activity (including briefs) Muche threw a high school graduation party for his son and (gasp!) some of the underage guests brought beer to it. Sheriff’s deputies showed up and cited Muche for violation of Fond du Lac County’s social host ordinance… Read more
State v. Samuel K. Dixon, 2015AP2307-CR. 10/6/16; District 1 (per curiam; uncitable); case activity (including briefs) You may not cite this per curiam opinion as precedent in any Wisconsin court, but happily you can bask in Dixon’s victory. The court of appeals wisely held that his 5-minute, friendly conversation with a “thicker black female” at… Read more
State v. David L. Tarlo, 2016 WI App 81; case activity (including briefs) When’s the last time you saw a defense win on a restitution issue? This child porn case addresses the vexing problem of circuit courts awarding restitution though the victim failed to prove that her losses were “a result of a crime considered… Read more
State v. D.C.M., 2016AP1205-FT, 10/5/16, District 2 (1-judge opinion; ineligible for publication); case activity The stay of a dispositional order in a juvenile case cannot be lifted unless the parties and the court follow the notice and hearing requirements of §938.34(16). They failed to do so in this case, so the court of appeals reversed the… Read more
State v. Gary Abdullah Salaam, 2014AP2666-CR & 2667-CR, 9/13/2016, District 1 (Not recommended for publication); case activity (including briefs) Salaam raises four claims challenging his convictions, at jury trial, of recklessly endangering safety, being a felon in possession of a firearm, and three counts of witness intimidation. The court affirms as to the first two… Read more
