by admin
on November 11, 2020
Waukesha County v. I.R.T., 2020AP996, 11/4/20, District 2 (one-judge decision; ineligible for publication) case activity
The county sought to extend I.R.T.’s commitment but could not be located for a time. Eventually the court issued a capias and I.R.T. was arrested. At the extension hearing, there was testimony that after his parole in a criminal matter ended I.R.T. had become homeless and had not taken medications or communicated with the county or his “outpatient prescribers.” (¶14). A psychologist opined that I.R.T. would be dangerous if treatment were withdrawn due to his history of noncompliance with treatment and his “history of psychotic symptoms, and threatening behaviors toward others” and referred to information received from “staff” at an unnamed facility and I.R.T.’s parents. (¶16). [continue reading…]
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by admin
on November 11, 2020
State v. Jack B. Gramza, 2020 WI App 81; case activity (including briefs)
If an inmate serving the initial confinement (IC) portion of a bifurcated sentence completes the Substance Abuse Program (SAP), § 302.05(3)(c)2. mandates that the sentencing court “shall” modify the inmate’s sentence by converting the remaining period of IC to extended supervision (ES) so that the inmate is released from confinement to ES. The court of appeals holds this mandate doesn’t apply to an inmate who is serving a mandatory minimum term of IC for an OWI offense if the inmate hasn’t yet served the mandatory minimum term.
[continue reading…]
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by admin
on November 6, 2020
Jackson County v. W.G., 2020AP961, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity
The evidence presented at a ch. 51 extension hearing is found wanting because it doesn’t establish dangerousness as required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277. [continue reading…]
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by admin
on November 6, 2020
State v. Steven L. Sternitzky, 2019AP2185-CR, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity (including briefs)
Sternitzky argues he was arrested for OWI without probable cause and that his trial on the charge was marred by the judge’s instruction to the jury regarding the presumption of intoxication and automatic admissibility of chemical test results. The court of appeals rejects both arguments. [continue reading…]
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by admin
on November 5, 2020
State v. Jack Ray Zimmerman, Jr., 2020AP475, District 2, 11/4/20 (one-judge decision; ineligible for publication); case activity (including briefs)
….not “lifetime since January 1, 1989.” [continue reading…]
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by admin
on November 3, 2020
On the heels of last week’s decision regarding Marsy’s Law, we learned today that a Dane County Circuit Court judge has ruled that the amendment to Article I, § 9m is invalid because the ballot question presenting the amendment to the voters was flawed. The court ruled the question failed to fully and fairly inform the public of the essential components of the amendment, misstated the contents and impact of the amendment, and improperly encompassed more than one subject. The ruling came in a lawsuit filed by the Wisconsin Justice Initiative, which reported the development in a blog post that included a link to the circuit court’s decision. The court sua sponte stayed its ruling pending appeal, so stay tuned.
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by admin
on November 3, 2020
State & T.A.J. v. Alan S. Johnson, 2020 WI App 73, petition to review granted, 2/26/21; case activity (including briefs)
This is the first of what will likely be a series of appellate court decisions that re-make criminal litigation in light of “Marsy’s Law,” the recently-passed crime victims’ rights amendment to Article I, § 9m, of the Wisconsin constitution. [continue reading…]
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by admin
on November 1, 2020
Portage County v. L.E., 2020Ap1239-FT, District 4, 10/29/20 (one-judge decision; ineligible for publication); case activity
The evidence presented at L.E.’s ch. 51 extenstion hearing was sufficient to prove she was dangerous and was not competent to refuse medication.
[continue reading…]
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