by admin
on February 26, 2020
State v. Lois M. Bertrand, 2019AP1240-CR, 2/26/20, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs).
The 4th Amendment prohibits a warantless entry into the curtilage of a home unless it is supported by probable cause and exigent circumstances. State v. Weber, 2016 WI 96, ¶19, 372 Wis. 2d 202, 887 N.W.2d 554. In this case, the officer lacked a warrant, probable cause and exigent circumstances when he seized Bertrand in the garage attached to her house. Thus, the circuit court should have granted the motion to suppress evidence obtained as a result of her seizure. [continue reading…]
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by admin
on February 25, 2020
The Legal Profession Blog reports on an ugly murder case out of New Jersey. Click here. A prosecutor tried to remove a Black prospective juror, F.G., for cause. When the judge ruled against the State, the prosecutor ran a records check on F.G., found a warrant and told the judge. The judge and the prosecutor then decided to dismiss F.G., wish him a good day, and have him arrested outside the presence of the jury pool. The jury ultimately convicted the defendant of murder, but due to F.G.’s arrest the New Jersey court of appeals reversed the conviction based on a Batson-type analysis.
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by admin
on February 21, 2020
State v. Ryan C. Diehl, 2020 WI App 16; case activity (including briefs)
At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and unfairly prejudicial, trial counsel was ineffective for failing to object to them, and Diehl is entitled to a new trial. [continue reading…]
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by admin
on February 21, 2020
State v. Casey T. Wittmann, 2018AP1623-CR, District 3, 2/18/20 (not recommended for publication); case activity (including briefs)
Case law bars a sentencing judge from lengthening a defendant’s sentence to offset the amount of his or her presentence confinement credit. The sentencing judge in this case didn’t overstep that bar. [continue reading…]
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by admin
on February 20, 2020
State v. Bartosz Mika, 2019AP1488, District 2, 2/19/20 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court appropriately exercised its discretion in continuing Mika’s refusal hearing so the state could call another witness, and the testimony of the additional witness established police had reasonable suspicion to stop Mika. [continue reading…]
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by admin
on February 20, 2020
State v. Charles L. Neill, IV, 2020 WI 15, 2/14/20, reversing a published decision of the court of appeals; case activity (including briefs)
In this decision the supreme court explains how to calculate the minimum fine for an OWI when the fine is subject to multiple enhancer provisions. The supreme court’s calculation is better for defendants than the one arrived at by the court of appeals, though not the more favorable one advanced by Neill. [continue reading…]
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by admin
on February 19, 2020
State ex rel. Michael J. Vieth v. John Tate II, 2018AP1525, District 4, 2/13/20 (not recommended for publication); case activity (including briefs)
Lawyers handling petitions for a writ of certiorari to review administrative decisions (or any other extraordinary writs, for that matter) should be aware of this decision. It holds that, under the electronic filing system statutes, the administrative agency’s attorney registering as a user does not relieve a petition of the obligation to personally serve the agency with the document initiating the proceeding.
[continue reading…]
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by admin
on February 19, 2020
Iron County DHS v. N.H.-D., 2019AP1520, District 3, 2/12/20 (one-judge decision; ineligible for publication); case activity
N.H.-D.’s claims that the termination of her parental rights violated various due process rights, but those claims are forfeited and undeveloped. Her claim of ineffective assistance of trial counsel is meritless. [continue reading…]
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