Forest County v. Brian M. Steinert, 2020AP1465, District 3, 1/19/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Steinert challenged his refusal citation on the ground the police didn’t have probable cause to arrest him, see § 343.305(9)(a)5.a. The court of appeals rejects his challenge. [continue reading…]
State v. Rory David Revels, 2021AP1185-CR, District 4, 1/13/21 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court held the police violated Revels’s due process rights by failing to preserve the footage from the squad car camera and body camera of the officer who stopped Revels. The court of appeals reverses, holding the circuit court’s conclusions aren’t supported by the record. [continue reading…]
Dane County DHS v. J.F., 2021AP1868 & 2021AP1869, District 4, 1/13/22 (one-judge decision; ineligible for publication); case activity
The circuit court properly denied J.F.’s request for a new lawyer on the morning of the first day of her TPR grounds trial. [continue reading…]
State v. Taras O. Haliw, 2021AP1095, District 4, 1/13/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Haliw argues his license shouldn’t be revoked for refusing a chemical test for alcohol because the police didn’t have probable cause to arrest him for OWI, see § 343.305(9)(a)5.a. The court of appeals rejects his argument. [continue reading…]
State v. Oscar C. Thomas, 2020AP32, petition for review of a published decision granted 1/11/2022; affirmed 2/21/23; case activity (including briefs)
Issues presented (from the petition):
Whether the Court of Appeals applied the wrong standard in determining that admission of DNA evidence in violation of [Thomas’s] right of Confrontation was harmless?
Whether the Court of Appeals erred in determining that [Thomas’s] confession to a sexual assault was corroborated by a significant fact? [continue reading…]
State v. Larry Jackson, 2020AP2119-CR, petition for review of a per curiam opinion granted 1/11/22; case activity (including briefs)
Issue (derived from Jackson’s petition for review):
When a defendant claims ineffective assistance of counsel based on his trial lawyer’s failure to investigate alibi witnesses, and the State responds that these witnesses have credibility issues, may the circuit court deny the defendant’s claim without a Machner hearing where the alibi witnesses testify?
Rock County v. H.V., 2021AP1760-FT, 1/13/22, District 4 (1-judge opinion, ineligible for publication); case activity
This appeal concerns a recurring problem in Chapter 51 cases: the lack of objection to damaging hearsay at the final hearing. If the appellate lawyer raises ineffective assistance of counsel in the circuit court, the case will become moot before the issue is finally resolved. Here, the appellate lawyer when straight to the court of appeals, admitted the issue was forfeited, and argued “plain error.” The court of appeals rejected the argument based on a significant error of constitutional law. [continue reading…]
The 7th Circuit has extended its prior order that canceled in-person arguments and required them to be argued by video or phone. Here is the new order
