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1. Conditions

State v. Leonard D. Kachinsky, 2020AP118-CR, 7/29/20, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) In 2018, the circuit court imposed a harassment injunction against Kachinsky (then a municipal judge) based on his conduct toward M.B., the municipal court manager. This appeal concerns his conviction and sentence for violating that order by… Read more

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State v. Brandin L. McConochie, 2019AP2149-CR, District 2, 4/22/20 (1-judge opinion, ineligible for publication); case activity (including briefs) McConochie pulled his vehicle alongside Amish buggies and exposed his genitals to the occupants within. He pled no contest to 3 counts of lewd and lascivious behavior as a repeater. As a condition of probation, the court… Read more

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State v. Larry C. Lokken, 2017AP2087-CR, 9/17/19, District 3 (unpublished), case activity (including briefs) Lokken, a long-time Eau Claire County Treasurer, pled “no contest” to 3 counts of misconduct in office and 5 counts of theft in a business setting for stealing $625,758.22 from taxpayers.  The circuit court ordered $681,846.92 in restitution  and imposed an… Read more

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State v. Marguerite Alpers, 2015AP1784-CR, 1/12/16, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erroneously exercised its discretion in ordering Alpers to install an ignition interlock device “on [her] husband’s car” as a condition of probation in her OWI cases because the record didn’t establish the condition was a reasonable and appropriate means… Read more

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Plea withdrawal – adequacy of plea colloquy

State v. Justin L. Garrett, Case No. 12AP1341-CR, District 2, 12/19/12 Court of appeals decision (1 judge; ineligible for publication); case activity Garrett failed to make a prima facie showing that his plea colloquy was defective, so his motion to withdraw plea was properly denied without an evidentiary hearing: ¶10      Garrett argues that he did not… Read more

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Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity Extended Supervision Conditions – Suspicionless Searches  A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and… Read more

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State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12 court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity Mootness Doctrine – Generally  ¶8 n. 2: The State also contends that this issue is moot because the condition of probation Roach challenges expired on January 19, 2012.  An issue is moot when its resolution… Read more

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State v. Tally Ann Rowan, 2010AP1398-CR, rev. granted 10/25/11 on certification request (District 3/4); for Rowan: LaZotte, Paul G.; case activity Issue (from Certification):  The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer… Read more

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