State v. James T. Kettner, 2023AP160, 161, 162, 11/28/23, District 4 (one-judge case, ineligible for publication); case activity Kettner, pro se, appealed from three traffic forfeiture judgments and claimed that an open records violation prevented him from presenting video evidence that would have proved [his] innocence. The court of appeals rejects his claim and affirms the… Read more
F. Appeals
Bill Lueders v. Scott Krug, 2019 WI App 36; case activity (including briefs) Here’s a non-criminal case that may nevertheless prove useful to your criminal practice, if you seek information via the open-records law. Lueders (a reporter) sent an open records request to Krug (a state legislator)’s office, asking for emails referring to a particular… Read more
On review of a published court of appeals opinion; case activity (including briefs) Issues (from petition for review): Does Wisconsin Open Records Law require the records custodian of a local law enforcement agency to produce federal immigration detainer hold documents (I-247s) received from U.S. Immigration and Customs Enforcement (ICE), despite the specific prohibition contained in… Read more
Voces De La Frontera, Inc. v. David A. Clarke, Jr., 2016 WI App 39, petition for review granted 6/15/16, reversed, 2017 WI 16; case activity (including briefs) Voces De La Frontera submitted an open records request for all immigration detainer forms that Sheriff David Clarke received during a 15-month period. Clarke supplied the forms but redacted… Read more
Dennis A. Teague v. J. B. Van Hollen, 2016 WI App 20, petition for review granted 6/15/16, reversed, 2017 WI 56 ; case activity (including briefs) Dennis A. Teague has no criminal record. But somebody who once used his name, and a date of birth similar to his, does. The ironic result is that Teague, a likely victim of… Read more
Review of a court of appeals summary disposition, case activity (including briefs) Issues (from the DOJ’s PFR here, Democratic Party’s response here): The public records law contemplates that some records should not be disclosed because it would be contrary to the public interest, and courts recognize the public importance of protecting crime victims and law… Read more
Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs) While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of… Read more