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…]
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.
Waukesha County v. S.L.L., 2017AP1468, petition for review of memorandum opinion granted 8/15/18; case activity
Issues (from court of appeals opinion):
Whether the circuit court has personal jurisdiction to recommit a person under Chapter 51 when the County concedes that it has been unable to serve her with the petition for recommitment?
Whether a circuit court has authority to enter a default judgment against the subject of a Chapter 51 petition for recommitment?
Whether “examining” physician reports recommending involuntary commitment and medication prepared physicians who never actually examined the subject are sufficient to support a Chapter 51 commitment?
State v. Sammy Joseph Hadaway, 2018 WI App 59; case activity (including briefs)
Hadaway pleaded guilty to an armed robbery more than 20 years ago. Based, in part, on Hadaway’s testimony, his purported accomplice, Ott, was tried and convicted of first-degree intentional homicide–the victim of the crime was sexually assaulted and murdered. [continue reading…]
State v. Marcia Render, 2017AP1779-CR, 8/14/18, District 1 (not recommended for publication); case activity (including briefs)
Render and her sister got into a brawl, and Render ended up on the floor on top of her sister, holding her head down to subdue her. Unfortunately, she died. At trial, the State’s doctor testified that her death was caused by manual strangulation. The jury convicted Render, and she filed a claim for ineffective assistance arguing that her trial lawyer should have consulted an independent forensic pathologist to review the medical evidence of her sister’s death. [continue reading…]
State v. Marquis D. Walls, 2017AP1600-CR, District 1, 8/14/18 (not recommended for publication); case activity (including briefs)
The court of appeals rejects Walls’s argument that the circuit court violated his Fifth Amendment right against self-incrimination by pressuring him to admit guilt at sentencing and then used his failure to do so to impose a harsher sentence. [continue reading…]
City of West Bend v. Erik J. Wille, 2018AP151, District 2, 8/15/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Wille was waylaid by police while he was waiting for his Wendy’s order, leading to his arrest for OWI. The restaurant manager had called police after seeing open beer cans in Wille’s car when he was in the drive-thru. He claims the information from the manager didn’t give police reasonable suspicion to stop him. That claim fails. [continue reading…]
State v. Richard Rey Myers, 2017AP2499, District 4, 8/9/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Myers argues, unsuccessfully, that his refusal to submit to a blood test for OWI can’t be found to be improper because it was based on misinformation from the officer about his right to counsel. [continue reading…]
