Erlinger v. United States, USSC No. 23-370, June 21, 2024, vacating United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023); Scotusblog page (with links to briefs and commentary) Whether offenses committed on three “occasions different from one another” for purposes of federal Armed Career Criminal Act must be found by a jury beyond a… Read more
3. Particular statutes
State v. Danny Arthur Wright, 2021AP1252-CR, District 3, 05/16/23 (not recommended for publication); case activity (including briefs) The state charged Wright with first degree sexual assault with use of a dangerous weapon. The alleged dangerous weapon at issue was a ZAP STICK. Wright filed a motion in limine to bar the state from calling a Detective… Read more
State v. James J. Socha, 2021AP1083-CR & 2021AP2116-CR, District 1, 4/25/23 (not recommended for publication); case activity (including briefs): 2021AP1083-CR; 2021AP2116-CR The fact that some of Socha’s prior OWI offenses have been lawfully vacated since he was sentenced may constitute a new factor justifying sentence modification, so the circuit courts erred in denying Socha’s motions… Read more
State v. Jenny E. Clark, 2022AP495-CR, District 4, 3/23/23 (one-judge decision; ineligible for publication); case activity (including briefs) Clark’s Minnesota administrative suspension for operating with a prohibited alcohol concentration counts as a prior OWI conviction under State v. Carter, 2010 WI 132, 330 Wis. 2d 1, 794 N.W.2d 213. Clark was charged with OWI 2nd… Read more
State v. Evan J. Schnoll, 2021AP1119-CR, 4/28/22; District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) In 2020, Schnoll was charged with OWI 2nd. He challenged the validity of his prior OWI, which occurred in California, arguing that it could not be counted under Wisconsin law. The circuit court rejected his argument and… Read more
State v. Teresa L. Clark, 2022 WI 21, 4/20/22, reversing the circuit court on bypass, case activity (including briefs) A defendant may collaterally attack a prior OWI conviction if she was not represented by counsel and did not knowingly, intelligently, and voluntarily waive the right to counsel during that proceeding. Once she points to evidence… Read more
State v. Scott William Forrett, 2019AP1850-CR, petition for review of a published decision of the court of appeals granted 9/14/21; case activity (including links to briefs) Issue presented Wisconsin’s escalating OWI penalty scheme counts a person’s refusal to consent to a blood draw as a basis for enhancing the penalty for future offenses. Is that… Read more
State v. Christopher W. LeBlanc, 2020AP62-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs) If a sentencing court imposes an excessive term of initial confinement (IC) or extended supervision (ES) when sentencing a defendant under Truth-in-Sentencing (TIS), the defendant “is entitled to a new sentencing hearing as a matter of law unless… Read more
