Marathon County v. R.J.O., 2020 WI App 20; case activity
This is an important, published, and demonstrably incorrect court of appeals’ decision regarding Chapter 51 recommitment procedure. [continue reading…]
State v. Shannon G. Potocnik, 2019AP523, 4/14/20, District 3 (one-judge decision; ineligible for publication) case activity (including briefs)
There’s a deep split nationwide about whether the community caretaker doctrine can ever permit entry into a home. Wisconsin has held that it can, and this pro se appeal is of course necessarily fact-bound. But the decision is thorough and provides a good summary of state community-caretaker law as it stands, along with a much briefer discussion of blood draws based on exigency. [continue reading…]
State v. A.M.J., 2019AP420, 4/14/20, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
This is a juvenile case so pseudonyms abound. The state accused “Adam” of taking some vehicles from “the Morrisons” and also, in the same incident, damaging some property belonging to “the Olsons.” The district attorney filed a petition concerning the taking of the Morrisons’ vehicles, and Adam was eventually adjudicated delinquent. A few weeks after that adjudication, the DA filed a second petition regarding the criminal damage to the Olsons’ property. This is an appeal of Adam’s adjudication on that second petition; he argues it was not timely filed under the juvenile code. The court of appeals doubts the petition was untimely but holds that even if it was, the circuit court wasn’t statutorily obligated to dismiss it. [continue reading…]
Though we’re a little late in reporting it (we blame Covid-19), on March 26, 2020, the court of appeals ordered publication of the following criminal law related decisions: [continue reading…]
On March 22, 2020, SCOW issued an order providing that effective immediately through May 22nd, all civil and criminal trials would be rescheduled to a date after May 22. It further ordered that circuit courts and parties could file an “EMERGENCY motion” seeking an exception to that order. Click here. When filing these motions, please be careful to follow correct procedure, explained further here. [continue reading…]
Winnebago County v. C.S., 2020 WI 33, reversing a published court of appeals opinion; 4/10/20; case activity
This is a BIG case for Chapter 51 lawyers! In a 4-3 opinion, SCOW held that when a court commits a prison inmate under Chapter 51, it cannot order involuntary medication without finding the inmate dangerous first. The decision changes trial procedure for inmates commitments, but also has implications for the involuntary medication of non-inmates under Chapter 51. [continue reading…]
State v. Jason A. Marcotte, 2020 WI App 28; case activity (including briefs)
After Marcotte was terminated from drug court and his probation revoked, he was sentenced by the same judge who’d presided over his case in drug court. Under the facts in this case, both the judge’s comments during drug court and his dual role as drug court judge and sentencing judge demonstrate he was objectively biased and thus violated Marcotte’s right to an impartial judge. [continue reading…]
State v. Larry Alexander Norton, 2019AP1796-CR, 4/14/20, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)
In which the occupant of a legally parked car becomes the object of police scrutiny, for very little apparent reason, and all is found to be copacetic under the Fourth Amendment. [continue reading…]
