State v. Gerald P. Mitchell, 2015AP304-CR; District 2, 5/17/17, certification granted 9/11/17; case activity (including briefs)
Issue: Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment.
State v. Michael McGee, 2017 WI App 39; case activity (including briefs)
This is an important decision for the few, the happy few, who represent persons committed under ch. 980 in seeking supervised release. The court of appeals holds that the municipalities in which a committed person may be placed have the right to intervene in supervised release proceeding. It also holds that if the circuit court and Department of Health Services fail to adhere strictly to the statutory requirements governing supervised release planning, the supervised release order is invalid. [continue reading…]
City of Pewaukee v. John Jay Kennedy, 2016AP2383, 5/17/17, District II (one-judge decision; ineligible for publication); case activity (including briefs)
An officer stopped Kennedy’s vehicle after running the plates and seeing that its registered owner, Kennedy, had a warrant out for his arrest. Kennedy was driving, and was eventually arrested for OWI. [continue reading…]
State v. Shannon Olance Hendricks, 2015AP2429-CR, petition for review granted 5/15/17; review of an unpublished court of appeals decision; case activity (including briefs)
Issue (composed by On Point)
Do Wisconsin Statute § 971.08(1) and State v. Bangert require that a defendant entering a guilty plea to a crime with alternative modes of commission understand what the state needs to prove to meet its burden of proof on the mode (or modes) of commission the state has alleged?
Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order has a claim for ineffective assistance of trial counsel where his lawyer fails to object to, prevent the admission of, or request a curative instruction to address, evidence of his prisoner status during his jury trial?
Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order is entitled to a new trial in the interests of justice where the jury repeatedly sees and hears evidence of his prisoner status?
State v. David Hager, 2015AP330, and State v. Howard Carter, 2015AP1311, petitions for review granted 5/15/17, reversed 4/19/18; review of published court of appeals decisions (Hager) (Carter); case activity (Hager) (Carter) (including briefs)
We’ve posted on these cases a few times. The first time was when the court of appeals certified them (together) to the supreme court. The supreme court refused that certification, so the court of appeals decided them (separately), as we discussed here and here. [continue reading…]
State v. Shawn W. Forgue, 2016AP2414-CR, 5/11/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs)
Forgue, convicted of misdemeanor battery and disorderly conduct, appealed the circuit court’s decision to exclude evidence of the victim’s prior violent conduct toward him (i.e. McMorris evidence) and her other bad acts. He also appealed an order setting restitution at $269.50 for the victim’s lost wages and $1,000 to the Crime Victim Compensation Program. [continue reading…]
State v. Anthony R. Pico, 2015AP1799-CR, 5/10/17, District 2 (not recommended for publication), petition for review granted 10/10/17, affirmed, 2018 WI 66; case activity (including briefs)
The circuit court granted Pico a new trial on a charge of first degree child sexual assault after concluding Pico’s trial lawyer was ineffective on various grounds. Over a dissent, the court of appeals reverses and reinstates Pico’s conviction. [continue reading…]
