by admin
on April 11, 2021
Rock County Department of Human Services v. J.E.B., 2020AP1954-FT, 4/7/21, District 4 (1-judge opinion, ineligible for publication); case activity
Good news/bad news. It’s terrific that the court of appeals is going to enforce the new requirement that circuit courts ground their recommitment orders on factual findings tied to a specific standard of dangerousness in §51.20(1)(a)2.a-e. See Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277. However, J.E.B. requested reversal. Period. Without any objection by the county or briefing by the parties, the court of appeals decided to remand the case for the circuit court to make the missing factual findings. But published case law suggests that the circuit court lacks competency to act on an expired commitment. [continue reading…]
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by admin
on April 7, 2021
State v. Kevin M. Jereczek, 2021 WI App 30; case activity (including briefs)
Police suspected Jereczek’s son in a sexual assault and thought there might be evidence on the family desktop computer. They asked Jereczek if they could search the machine; he agreed but limited his permission to the son’s account. The examiner, Behling, didn’t adhere to this restriction: he instead began his search in the recycle bin, which contains files deleted from any of the computer’s accounts. There he found child pornography apparently associated with Jereczek’s account, which led him to seek a warrant to search the entire computer. Execution of this warrant turned up more images, leading to the charges against Jereczek. Jereczek moved to suppress the images, saying the initial search had exceeded the scope of his consent. The circuit court denied suppression; Jereczek pleaded no contest to one count and appealed. [continue reading…]
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by admin
on April 7, 2021
Village of Grafton v. Elizabeth A. Wesela, 2020AP1416, District 2, 4/7/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Wesela concedes police had reaonsable suspicion to make the initial stop of the car she was driving, but complains, fruitlessly, that the officer didn’t have reasonable suspicion to extend the stop to conduct field sobriety tests or to ask for preliminary breath test. [continue reading…]
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by admin
on April 7, 2021
State v. V.S., 2021AP136, District 1, 4/6/21 (one-judge decision; ineligible for publication); case activity
The record shows the circuit court considered all of the § 48.426(3) factors relevant to determining the best interests of the child and properly applied them to the facts in deciding whether to terminate V.S.’s parental rights to D.D.S. [continue reading…]
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by admin
on April 7, 2021
State v. Markell Hogan, 2021 WI App 24; case activity (including briefs)
A police officer who has experience investigating human trafficking cases and who has training from various prosecutorial and law enforcement conferences about the methods traffickers use may testify as an expert under §907.02 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). [continue reading…]
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by admin
on April 5, 2021
Brown v. Davenport, No. 20-826, cert. granted 4/5/21; Scotusblog page
Question presented: May a federal habeas court grant relief based solely on its conclusion that the Brecht test is satisfied, as the Sixth Circuit held, or must the court also find that the state court’s Chapman application was unreasonable under § 2254(d)(1), as the Second, Third, Seventh, Ninth, and Tenth Circuits have held? [continue reading…]
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by admin
on April 4, 2021
On March 31, 2021, the court of appeals ordered the publication of the following criminal law related opinions: [continue reading…]
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by admin
on April 4, 2021
State v. Avant Rondell Nimmer, 2020AP878-CR, petition for review granted 3/24/21; case activity (including links to briefs and PFR)
Issue presented (composed by On Point):
Did police responding to a ShotSpotter alert of shots fired have reasonable suspicion to stop and frisk Nimmer based on his proximity to the address in the alert so close to the alert and Nimmer’s response to the officer’s arrival on the scene?
[continue reading…]
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