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No error in finding defendant guilty of OWI

Village of Pleasant Prairie v. Brian Lucas, 2017AP2131, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity

This pro se defendant’s challenges to his OWI conviction go nowhere. [continue reading…]

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Monroe County DHS v. J.N.D., 2018AP177, District 4, 8/23/18 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects J.N.D.’s argument that her TPR trial should be redone because the real controversy wasn’t fully tried. [continue reading…]

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Sheboygan County DHHS v. K.N.L., 2017AP2413, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity

K.N.L. asserts a prospective juror (“Juror J.”) was biased and so the circuit court erred in declining to strike her for cause. Applying Wisconsin’s case law governing jury bias (summarized at ¶¶13-16), the court of appeals affirms the circuit court’s conclusion the juror wasn’t biased and, even if she was, the failure to strike her was harmless as she didn’t end up on the jury because K.N.L. peremptorily struck her.

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State v. T.W., 2018AP967 & 2018AP968, District 1, 8/21/18 (one-judge decision; ineligible for publication); case activity

At the trial on the petition to terminate T.W.’s parental rights, the GAL argued in closing that the jury should consider the interests of the children. T.W.’s lawyer didn’t object, but the court of appeals holds that failure wasn’t prejudicial and so rejects T.W.’s claim that trial counsel was ineffective. [continue reading…]

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State v. Natalie N. Murphy, 2017AP1559-CR, 8/16/18 (not recommended for publication); case activity (including briefs)

To no avail, Murphy challenges the circuit court’s decision to exclude her expert’s testimony and its decision to allow certain testimony from the state’s expert. [continue reading…]

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No error in denying request to delay trial

State v. Ronnie Cecil Peebles, 2017AP2536-CR, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court didn’t err in denying the adjournment request Peebles made on the morning of trial because he said he was feeling ill.  [continue reading…]

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Lafayette County v. Ian D. Humphrey, 2016AP966, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)

Humphrey wants appellate review of the forfeiture judgment entered against him for operating a vehicle while suspended. He doesn’t get it. [continue reading…]

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United States v. Dennis Franklin & Shane Salm, 2018AP1346-CQ, certification granted 8/15/18; case activity

The Seventh Circuit certified the following question of law to the Wisconsin Supreme Court:

Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10(1m)(a)–(f), identify alternative elements of burglary, one of which a jury must unanimously find beyond a reasonable doubt to convict, or whether they identify alternative means of committing burglary, for which a unanimous finding beyond a reasonable doubt is not necessary to convict?

The supreme court has accepted the certification and will answer the question next term. For more, see our post on the Seventh Circuit certification.

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