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23. Judge

State v. Circuit Court for Dane County / Ismael R. Ozanne v. Jeff Fitzgerald, 2012 WI 82, declining to grant motion to reopen 2011 WI 43; case activity; companion case: Adams v. State, 2012 WI 81 The court splits 3-3 on, and therefore does not grant, District Attorney Ozanne’s motion to reopen the decision in 2011 WI 43 (the Act 10, Open Meetings… Read more

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Recusal – “Rule of Necessity”

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 69 (Justice Crooks); case activity; companion decision: 2012 WI 43 Justice Crooks declines to recuse himself (with respect to the pending misconduct complaint against Justice Prosser) under the Rule of Necessity, namely the possible loss of a quorum (4 justices) and thus… Read more

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State v. William Martin, 2011AP2168, District 1, 5/8/12 court of appeals decision (not recommended for publication); pro se; case activity; prior history: unpublished decision (2007AP1293-CR) Because the record conclusively demonstrated that Martin wasn’t entitled to relief, State v. Love, 2005 WI 116, ¶26, 284 Wis. 2d 111, 700 N.W.2d 62, the circuit court properly denied… Read more

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Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 43 (Justice Roggensack); case activity ¶1   On April 17, 2012, Justice David T. Prosser’s Attorney, Kevin P. Reak, wrote and asked me to disqualify myself from participation in the above-captioned matter, asserting that I am a material witness. … ¶2   … I… Read more

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State v. Timothy D. Moseley, 2011AP892-CR, District 1, 5/1/12  court of appeals decision (not recommended for publication); for Moseley: Michael J. Steinle; case activity Moseley’s contention, that he qualified his written consent to search with an oral limitation, was rejected by the trial court as a matter of credibility; that finding of fact is now… Read more

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State v. Miller X. Lark-Holland, 2011AP791-CR, District 1, 2/28/12 court of appeals decision (not recommended for publication); for Lark-Holland: Byron C. Lichstein; case activity ¶7        Lark-Holland’s first complaint is that his trial lawyer did not emphasize the mitigating factor that he said he was forced into committing the robbery, and also made several comments that he… Read more

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State v. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity;  for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity Delinquency – Sanctions – Municipal Truancy  After finding the juveniles in violation of  first-offense truancy under the local municipal… Read more

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State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11 court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to… Read more

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