State v. Morris V. Seaton, 2021AP1399-CR, certification filed 2/8/23, certification granted, 3/24/23, remanded, 2023 WI 69;District 2; case activity (including briefs) Question presented (from the court of appeals’ certification): In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision in… Read more
Important Posts
State v. Lynne M. Shirikian, 2023 WI App 13; case activity (including briefs) Shirikian pleaded to OWI as a fifth offense. Back in 2019, the legislature amended the statutes to create a both a presumptive and a mandatory minimum sentence for OWI 5th and OWI 6th. See 2019 Wis. Act 106; Wis. Stat. § 346.65(2)(am)5… Read more
State v. Ayodeji J. Aderemi, 2023 WI App 8; case activity (including briefs) This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the State’s Information. Aderemi argued that the fumble caused the State to miss its filing deadline, so under §971.01(2) the circuit… Read more
State v. James P. Killian, 2020AP2012, review of a published court of appeals decision granted 1/20/23; case activity Issues presented (from state’s PFR): Has the State exposed Killian to multiple prosecutions for the same offense in violation of double-jeopardy principles? The facts here are complex, and summarized in our post on the court of appeals decision… Read more
On January 25, 2023, the court of appeals ordered the publication of the following criminal-law related decision: State v. Steven W. Bowers, 2023 WI App 4 (affirming suppression of evidence seized during warrantless search of defendant’s Dropbox account)… Read more
Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; reversed 6/27/23 Scotusblog page (containing links to briefs and commentary) Question presented: Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether… Read more
The Immigration and Nationality Act, 8 U.S.C. 1101 et seq. renders deportable noncitizens who are convicted of aggravated felonies after they admitted to the U.S.. Under the I.N.A., “an offense relating to the obstruction of justice” where the term of imprisonment is at least one year qualifies as an aggravated felony whether it is committed… Read more
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
