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SCOW: Precedent? What precedent? ¯\_(ヅ)_/¯

State v. Anthony James Jendusa, 2018AP2357-CRLV, review of a decision of the court of appeals denying the state’s petition for leave to appeal; case activity

Before turning to the issues presented, we’ll start with an observation about how this case might seem to affect appellate litigation in all kinds of cases, civil and criminal. [continue reading…]

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Wisconsin Judicial Commission v. Kenneth W. Gorski, 2020 WI 5, imposing a public reprimand on a court commissioner; case activity

Gorski, a part-time court commissioner, earns a public reprimand for failing to recuse himself from a case being handled by a lawyer who is a close friend and for his treatment of the pro se litigant in that case.

[continue reading…]

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January 2020 publication list

On January 29, 2020, the court of appeals ordered publication in the following criminal law related cases:

State v. James L. Jackson, Jr., 2020 WI App 4 (requiring internet identifiers of sex offender registrants doesn’t violate First Amendment)

Dane County DHS v. J.R., 2020 WI App 5 (rejecting an “as applied” challenge to amended § 48.415(2)(a))

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State v. D.I.G., 2019AP855, 2/5/2020, District 2 (one-judge decision; ineligible for publication); case activity

The juvenile here was found delinquent for sexual contact with his younger sister. He moved the court for a stay of registration under State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. The court declined to stay registration, disagreeing with the expert assessment the juvenile presented. As you might expect, the court of appeals affirms this discretionary decision. [continue reading…]

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Racine County Human Services Department v. S.J.A., 2019AP2160 & 2161, 2/5/20, District 2 (one-judge decision; ineligible for publication); case activity

It would be interesting to see the briefs in this case, but since it’s a TPR, they’re not online. What we can see is the opinion, which shows commendable (and unfortunately uncommon) attention to detail. It’s easy to imagine a glib, slapdash affirmance of this summary judgment against the parent in a TPR; we don’t get one though. Instead we see a searching review of what was proved and what was not, and a (really all too uncommon) reversal. [continue reading…]

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State v. Camron Rufus Spencer, 2019AP912-CR & 2019AP913-CR, District 1, 1/28/20 (one-judge decision; ineligible for publication); case activity (including state’s brief)

Spencer’s custody leading up to his sentencing was not factually connected to the crimes for which he was sentenced, so he isn’t entitled to sentence credit for that time. [continue reading…]

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Officer complied with implied consent law

State v. Anthony J. Madland, 2019AP146-CR, District 3, 1/28/20 (one-judge decision; ineligible for publication); case activity (including briefs)

Madland asserted that he requested an alternative chemical test under § 343.305 and that the officer who read the “informing the accused” form to him misled him as to his right to request an alternative test. The court of appeals rejects the claims in light of the circuit court’s fact findings. [continue reading…]

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Restitution challenge forfeited

State v. Michael S. Coleman, 2019AP1999-CR, District 4, 1/30/20 (one-judge decision; ineligible for publication); case activity (including briefs)

Coleman appealed the restitution ordered for the damage he did to a squad car by striking his head against the cage inside and kicking the door. (¶2). But his challenges are forfeited for failure to raise them in the circuit court. [continue reading…]

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