≡ Menu

He’s keeping his word. Judge Posner has started representing pro se litigants. He has also started a new law firm so far comprised of non-attorneys, including a former cocaine addict who did time and has become an expert on prison conditions. Click here for the Chicago Tribune article.

{ 0 comments }

Speaking of algorithms, the New York Times recently published this op-ed on the Loomis case, machine learning, and the use of algorithms in the criminal justice system.

{ 0 comments }

Waushara County v. B.G., 2017AP956, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity

When the circuit court entered a protective services order for B.G., it did not include any conditions or labels such as “temporary” or “conditional.” It did, however, state that B.G. “does not meet the standards for protective placement.” When B.G. tried to resist services,  the County filed a “Notice of Transfer of Protective Placement” asking the circuit court to remove him from his home and place him in a facility. The court did as asked. The court of appeals now reverses. [continue reading…]

{ 0 comments }

State v. Christopher C. Bouchette, 2017AP820-CR, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

A Wood County officer spotted Bouchette driving “at a higher rate of speed” near the county border.  He followed Bouchette for less than 5 minutes outside of his jurisdiction into Portage County and activated his siren. Bouchette did not pull over. He veered across the center line and drove into a ditch, which led to a search and a charge of driving with a PAC (2nd offense). Bouchette moved to suppress evidence that the officer obtained outside of his jurisdiction. [continue reading…]

{ 0 comments }

Dane County DHS v. S.J., 2017AP1578-1580, 10/19/17, District 4 (1-judge opinion, ineligible for publication) case activity

When an opinion starts by saying a mother answered more than 80 questions relating to her understanding of pleading “no contest” during the grounds phase of a TPR case and quotes the her lawyer as saying “she’s one of the brightest clients I’ve ever worked with,” you know her motion to withdraw her plea is doomed. [continue reading…]

{ 0 comments }

State v. James Charleston, 2016AP2116-CR, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Charleston was in custody in Illinois and had pending Wisconsin charges. Twice he submitted to his Illinois jailers properly prepared requests for final disposition of those charges under the Interstate Agreement on Detainers. The first request, in 2014, somehow didn’t make it to the Wisconsin authorities; the second in 2015 did and thus commenced the 180-day clock to try him or dismiss the case with prejudice. But, he wasn’t tried within 180 days, due in part to delays Charleston caused or agreed to. So, no dismissal. [continue reading…]

{ 0 comments }

City of West Bend v. Rebecca L. Smith, 2016AP2170, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Smith appeals her jury-trial conviction for OWI. She argues that the court erroneously admitted, over hearsay objection, the computer aided dispatch activity report indicating the times that the police took various actions. She also seeks reversal based on the admission of expert testimony opining as to her BAC by the technique of retrograde extrapolation.

[continue reading…]

{ 0 comments }

Evidence sufficient on time of driving for OWI

Fond du Lac County v. Christy Ann Kasten, 2017AP343, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

The only real issue in this case is whether the court, in this bench trial, had sufficient evidence to conclude that Kasten had driven within three hours of her blood draw at 10:52 p.m. The court of appeals holds that it did:

[continue reading…]

{ 0 comments }
RSS