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D. Ex parte contact

Miller v. Carroll, 2020 WI 56, 6/16/20, affirming a published court of appeals opinion, 2017AP2132, case activity (including briefs) You’ve surely read about this case in NY Times, the Journal Sentinel, on Wisbar.org or on On Point here or here. A judge’s Facebook friendship with one of the litigants in a child custody case before… Read more

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United States v. James Atwood, No. 18-2113 (7th Cir. Oct. 24, 2019) Atwood is entitled to a new sentencing hearing because the judge in his case was communicating ex parte with the prosecutor’s office about other cases, and the content of the correspondence invited doubt about the judge’s impartiality in proceedings involving the prosecutor’s office… Read more

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Timothy W. Miller v. Angela L. Carroll, petition to review a published court of appeals decision granted 8/14/19; case activity (including briefs) Issues (based on Carroll’s Petition for Review) Does a judge’s acceptance of one party’s Facebook “friend” request by itself overcome the presumption that a judge is fair, impartial, and capable of ignoring any biasing influences, given… Read more

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In re Judicial Disciplinary Proceedings Against Piontek, 2019 WI 51, 5/21/19; case activity The supreme court suspends Judge Michael Piontek from office for five days for “obviously unethical” and “clearly improper” misconduct in two criminal cases. In the first case the judge engaged in ex parte communication with the prosecutor about adjourning a scheduled trial… Read more

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State v. Jeffrey S. Decker, 2015AP1997-CR, District 2, 5/4/2016 (one-judge decision; ineligible for publication); case activity Jeffrey Decker had been banned from the UW-Oshkosh, and was arrested when he arrived at a grand opening event. The arrest was not without incident and he was charged with obstructing an officer and convicted after a jury trial… Read more

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State v. Wade M. Richey, 2014AP1758-CR, District 3, 3/17/15 (not recommended for publication); case activity (including briefs) In this prosecution for reckless driving causing great bodily harm and homicide by operating with a detectable amount of a controlled substance, the circuit court erroneously excluded Richey’s medical records from evidence at trial, though the error was harmless… Read more

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