Town of Brookfield v. Martin M. Gonzalez, 2021AP218, District 2, 10/27/21 (one-judge decision; ineligible for publication); case activity (including briefs) Gonzalez posted some photos on Instagram as a “story,” a series of shorter, more casual, less permanent images or posts than standard posts on a user’s Instagram feed (so we’re told). The first photo showed… Read more
11. Defense Wins
State v. Randy L. Bolstad, 2021 WI App 81; case activity (including briefs) Long, long ago, in a galaxy far away, SCOW held that when circuit courts sentence a defendant, they must demonstrate their exercise of discretion on the record. State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197. Circuit courts… Read more
Danny Wilber v. Randall Hepp, 7th Cir. Nos. 20-2614 & 20-2703, decided 10/29/21 Danny Wilber was granted a writ of habeas corpus by a federal district judge due to the Wisconsin circuit court’s use of visible restraints during Wilber’s trial in violation of Deck v. Missouri, 544 U.S. 622 (2005). We wrote about that decision here… Read more
State v. William C. MacDonald, 2020AP605-CR, 10/14/21, District 4 (not recommended for publication); case activity (including briefs) Section 973.042(2) mandates a $500 surcharge for each image “associated with the crime” of possession of child pornography. The State charged MacDonald with 10 counts of possessing child porn. He pled “no contest” to a single charge. The… Read more
Shawano County v. S.L.V., 2021AP223, District 3, 8/17/21 (one-judge decision; ineligible for publication); case activity Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, requires a circuit court to make specific fact findings about dangerousness at a ch. 51 commitment hearing. The circuit court didn’t do that in this case… Read more
State v. Joel R. Davis, 2021 WI App 65; case activity (including briefs) A police officer stopped Davis’s car in the early evening. He initially said it was because Davis lacked a passenger-side mirror. But it turns out that’s not illegal. Wis. Stat. § 347.40. So the next day–and despite having failed to mention it… Read more
State v. John William Lane, 2021AP327, 8/19/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An officer saw Lane departing a bar around 2:10 in the morning. He followed him in his squad car and eventually pulled him over, and eventually arrested him for OWI. The tailing and the stop were recorded… Read more
State v. M.C., 2021AP301, District 2, 8/11/21 (one-judge decsion; ineligible for publication); case activity The circuit court erroneously exercised its discretion in deciding to waive M.C. into adult court on a sexual assault charge, so the waiver is reversed and the case remanded for the circuit court to exercise its discretion properly. Section 938.18(5)(c) provides… Read more
