State v. Andre M. Chamblis, 2015 WI 53, 6/12/15, reversing an unpublished per curiam decision of the court of appeals; opinion by Justice Crooks; case activity (including briefs) The supreme court unanimously holds that when the parties in an OWI prosecution are disputing the number of prior offenses, the circuit court can require the dispute to be… Read more
11. Defense Wins
State v. Arron A.-R., 2014AP142, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity Arron delinquency adjudication for one count of first degree sexual assault is supported by the testimony of the victim, S.F., but the adjudication for a second count is reversed because the trial court erred in believing that the charge required only sexual… Read more
Elonis v. United States, USSC No. 13-983, 2015 WL 2464051 (June 1, 2015), reversing United States v. Elonis, 730 F.3d 321 (3rd Cir. 2013); Scotusblog page (including links to briefs and commentary) This case involved a prosecution of Elonis for threats he made in postings on his Facebook page, and it was being widely watched for the First… Read more
Mellouli v. Lynch, USSC No. 1034, 2015 WL 2464047 (June 1, 2015), reversing Mellouli v. Holder, 719 F.3d 995 (8th Cir. 2013); Scotusblog page (including links to briefs and commentary) Resolving a split between federal circuit courts of appeal, the Supreme Court holds that the statute providing for deportation based on a violation of a state… Read more
State v. Gregory Mark Radaj, 2015 WI App 50; case activity (including briefs) A defendant who committed a felony before the effective date of the law mandating a $250 DNA surcharge for each felony conviction, but who is sentenced after that effective date, cannot be made to pay the surcharge on each felony conviction because that violates… Read more
State v. Garett T. Elward, 2015 WI App 51; case activity (including briefs) Defendants who committed a misdemeanor offense before April 1, 2015 January 1, 2014, cannot be made to pay the mandatory $200 DNA surcharge that is supposed to be imposed for each misdemeanor conviction beginning January 1, 2014, because imposition of the surcharge on that class of… Read more
State v. Roddee W. Daniel, 2015 WI 44, 4/29/15, affirming and modifying a published court of appeals decision; opinion by Justice Bradley; case activity (including briefs) This opinion clarifies the procedure for determining the competency of a defendant during postconviction proceedings by holding that once the issue of a defendant’s competency has been raised, the state… Read more
Village of Chenequa v. Chad C. Schmalz, 2015AP94-FT, District 2, 4/22/15 (one-judge decision; ineligible for publication); case activity (including briefs) The stop of Schmalz’s car was not supported by reasonable suspicion or justified by the community caretaker doctrine. The Village argues the stop was reasonable based on: (1) the time of day and day of the week… Read more
