County of Green v. Joey Jay Barnes, 2018AP1382, District 4, 2/7/19 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court dismissed charges against Barnes after suppressing some of the evidence against him. Not so fast, says the court of appeals. [continue reading…]
Village of Menomonee Falls v. Kristina L. Smithers, 2018AP993, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court properly rejected Smithers’s invocation of an involuntary intoxication defense in her prosecution for operating while under the influence of the prescription medication she was taken as prescribed. [continue reading…]
State v. Tracy E. McCarthy, 2018AP484, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs)
McCarthy’s pro se appeal in his disorderly conduct case fails on multiple grounds. His brief doesn’t cite to the record and the record doesn’t include any transcripts. He doesn’t develop any legal arguments in support of his claims about the alleged errors at trial. Moreover, there wasn’t a trial: he entered a plea to an ordinance violation. That plea waived all nonjurisdictional defects and defenses.
On January 31, 2019, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Autumn Marie Love Lopez & Amy J. Rodriquez, 2019 WI App 2 (retail theft charges can be aggregated under § 971.36)
State v. Alexander M. Schultz, 2019 WI App 3 (addressing double jeopardy challenges to successive prosecution when the charging language of the prior prosecution is ambiguous)
State v. Charles L. Neill, IV, 2019 WI App 4 (OWI fine enhancers enhance each other)
State v. Michael R. Pace, 2018AP1428, District 2, 1/30/19 (one-judge decision; ineligible for publication); case activity (including briefs)
The officer who arrested Pace for OWI had probable cause to do so. [continue reading…]
State v. Andrew Anton Sabo, 2017AP2289-CR, District 1, 1/29/19 (not recommended for publication); case activity (including briefs)
Sabo challenges the search warrant that led to the seizure of evidence from his home, arguing that the affidavit in support of the warrant didn’t establish probable cause, that he is entitled to a Franks-Mann hearing because the affidavit contained false information, and that the identity of the citizen informant who was the source of much of the information in the affidavit should be disclosed because there are reasons to doubt the informant’s reliability and credibility. The court of appeals disagrees. [continue reading…]
State v. S.M.T., 2018AP2113, 2018AP2114, & 2018AP2115, District 1, 1/29/19 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects S.M.T.’s challenges to the sufficiency of the evidence terminating her parental rights based on the children’s continuing need of protective services and S.M.T.’s failure to assume parental responsibility. [continue reading…]
