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30. Pretrial proceedings

SCOW majority overrules Shiffra/Green

State & T.A.J. v. Alan S. Johnson, 2023 WI 39, 05/16/2023, reversing a published court of appeals decision, case activity (including briefs) As the dissent aptly describes it, “[t]his case has traveled a long and winding road to this point, and Johnson’s trial has not yet begun.” (Opinion, ¶110, Bradley, A.W., dissenting). As discussed in… Read more

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State v. Debra L. Rippentrop & Steven E. Rippentrop, 2023 WI App 15; case activity (including briefs) 2022AP92-CR and 2022AP93-CR The nonprosecution agreement the Rippentrops made with the state doesn’t violate public policy and is therefore enforceable, and that requires the criminal charges filed against them to be dismissed with prejudice. In 2019 the Rippentrops… Read more

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R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing… Read more

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State v. Jeffrey L. Hineman, 2023 WI 1, 1/10/23, reversing a per curiam court of appeals opinion, 2020AP226, case activity (including briefs) At Hineman’s trial for sexual assault of a child, a police officer testified that she believed the child had accused Hineman of touching him several months before her investigation began, and several months… Read more

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State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs) In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the… Read more

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There’s an interesting petition for writ of certiorari on this issue pending in SCOTUS. As this post from the Confrontation Blog explains: “The question is whether, or in what circumstances, the testimony of a prosecution witness at a preliminary hearing may be used at trial if the witness is then unavailable.  This is an issue… Read more

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State v. Kevin Richard Raddemann, 2022AP668-CR, 12/21/22, District II (1-judge opinion, ineligible for publication); case activity (including briefs). In this misdemeanor OWI case, Raddemann moved to suppress evidence obtained following a stop of his vehicle. After the suppression hearing, he moved for reconsideration, arguing that a City of Hartford cemetery ordinance, which was the basis… Read more

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State v. Etter L. Hughes, 2021AP1834-CR, District 1, 11/1/22 (not recommended for publication); case activity (including briefs) The court of appeals rejects Hughes’s claim that she should be allowed to withdraw her pleas to four counts of child abuse on the grounds that the state improperly amended the information to add more charges against her… Read more

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