State v. Courtney C. Brown, 2019 WI App 34, petition for review granted 10/15/19; case activity (including links to briefs)
Issues (petition for review)
Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose?
You know what it is: 53206, a heavily African American neighborhood north of downtown Milwaukee. The New Republic just published an article about how it came to be the “most incarcerated” zip code. Read it here.
State v. Jamie Ellin Grimm, 2019AP789-Cr, District 2, 10/16/19 (1-judge opinion, ineligible for publication), case activity (including briefs)
When a driver approaches an oncoming car within 500 feet, §347.12(1)(a) requires her to “dim, depress or tilt” her high beams so that “glaring rays” aren’t directed into the eyes of the approaching driver. It is undisputed that Grimm flashed her beams within 500 feet of an approaching squad car. [continue reading…]
Charging as Sentencing, a recent article by Professor Donald Dripps at the University of San Diego Law School, contends that they are. Consider the possibilities.
State v. Larry W. Olson, 2019 WI App 61; case activity (including briefs)
Olson and the state resolved some felony counts with an agreement that he’d plead not guilty by reason of mental disease or defect. The court found him NGI and committed him for 19 years, placing him on conditional release immediately. A few weeks later, Olson admitted violating his release conditions by smoking methamphetamine. DHS, which supervises NGI committees, immediately took him into custody. For reasons unknown, it held him for eight days before filing a petition to revoke his supervised release. This, everyone agrees, violated Wis. Stat. § 971.17(3)(e), which says such a petition “shall” be filed within 72 hours of detention (excluding weekends and holidays). The dispute on appeal is what that violation means: the state says there’s no consequence at all; Olson says a late petition is no good and must be dismissed. In legalese, the question is whether the word “shall” is mandatory or directory. [continue reading…]
Dane County v. T.R., 2019AP1336-1338, 10/10/19, District 4 (1-judge opinion, ineligible for publication); case activity
This is a confidential case, so we don’t know what the briefs argue or the record shows. However, it seems the circuit court failed to make the findings essential to its order terminating T.R.’s parental rights to her 3 children, and the court of appeals shored up the decision in order to affirm. [continue reading…]
State v. Marcus Demond Anderson, Sr., 2018AP2016-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs)
At the start of his sentencing hearing Anderson lodged a complaint against his lawyer, which the judge blithely ignored. (¶¶2-4). Do over, says the court of appeals. [continue reading…]
State v. Robert C. Washington, 2018AP1771-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs)
Washington was convicted of first degree reckless homicide and first degree reckless injury for shooting his two sons, killing one and injuring the other. He argues his lawyer was ineffective for advising him to plead without discussing possible lesser included offense possibilities and for failing to advocate for him at sentencing. He also argues newly discovered evidence shows the shootings were accidental, not reckless. [continue reading…]
