Graham L. Stowe v. Gregory Van Rybroek, No. 23-3345, 8/21/24 This habeas appeal is limited to a facial challenge to the NGI conditional release statute, Wis. Stat. § 971.17(4)(d). The Seventh Circuit rejects Stowe’s argument, concluding that he cannot show that there are no circumstances under which the law’s application would be valid. After being… Read more
3. Constitutionality
Winnebago County v. C.S., 2016AP1982, petition for review of a published court of appeals opinion granted 8/15/19; case activity Issue: Does Wis. Stat. §51.61(1)(g) violate substantive due process because it does not require a finding of dangerousness to involuntarily medicate a prisoner? This is an important case. According to SCOTUS, the government may not administer… Read more
Court of Appeals rejects constitutional challenges to detectable amount of controlled substances law
State v. Blake Lee Harrison, 2017AP1811, District 3, 2/26/19 (one-judge decision; ineligible for publication); case activity (including briefs) Harrison’s due process and void-for-vagueness challenges to § 346.63(1)(am) (prohibiting driving with a detectable amount of restricted controlled substance) go up in smoke. The circuit court agreed with Harrison that the statute violates due process because there’s… Read more
State v. Michael A. Keister, 2017AP1618-CR, state’s petition for review granted 9/4/2018; case activity (including briefs) Issues (based on the state’s petition for review ) Does a person have a fundamental liberty interest in participation in a treatment court funded by the state and county when he or she is charged with an offense involving… Read more
Tumblr qualifies as an “identified citizen informant,” and sec. 939.617(2) is not void for vagueness
State v. Samuel Silverstein, 2017 WI App 64; case activity (including briefs) Pursuant to a warrant, police searched Silverstein’s computer for child porn. The “informer” was Tumblr, which is required by federal law to report suspected child pornography to the National Center for Missing and Exploited Children. Silverstein challenged the warrant as well as the mandatory… Read more
On Point is pleased to present a guest post by Attorney Adam Welch of Tracy Wood and Associates. The law firm recently persuaded Dane County Circuit Court Judge William Hanrahan to declare Wis. Stat. § 346.67 facially unconstitutional and to grant their motion to dismiss a felony Hit and Run—Injury complaint. Judge Hanrahan issued an oral… Read more
Click here to read the Iowa County Circuit Court’s July 7th decision declaring that §165.95(1)(a) and (3)(c), which bars persons charged with violent offenses from participating in drug treatment court, violates substantive due process as applied and procedural due process on its face. The court says its decision has the effect of a permanent statewide injunction… Read more
State v. Ernesto E. Lazo Villamil, 2017 WI 74, 7/6/17, affirming a published court of appeals decision; case activity (including briefs) A few years ago the legislature set out to create a graduated penalty scheme for operating after revocation offenses, but it bungled the job and ended up creating misdemeanor and felony penalties for the offense… Read more
