by admin
on August 7, 2017
State v. Tracy Dean Martin, 2017AP296, 7/25/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)
An anonymous tipster told West Allis police that a man was asleep in a car parked across 4 spots at a Taco Bell. The lot was otherwise fairly empty. A check on the car’s registration revealed that its owner, Martin, had 3 prior OWIs and a .02 alcohol restriction. The officer approached the car, saw the headlights on, the keys in the ignition, and Martin asleep holding a taco in one of his hands. [continue reading…]
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by admin
on August 7, 2017
State v. Andrei R. Byrd, 2014AP2721-CR, District 4 (not recommended for publication); case activity (including briefs)
Byrd was released on bond for 2 felonies that imposed 2 conditions: don’t leave Rock County and don’t commit any new crimes. He went to Illinois, drank too much, and started shouting at a 4th of July party. An officer saw him move toward a woman and raise his hand, causing her to move backward into a defensive posture. He was arrested for assault under Illinois law. Then the State of Wisconsin charged him with 4 counts of felony bail jumping for violating the 2 conditions of the bonds on his 2 felonies (2 x 2 = 4). [continue reading…]
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by admin
on August 7, 2017
State v. Marnie L. Coutino, 2016AP2386-CR, 7/19/2017, District 2 (one-judge decision; ineligible for pubication); case activity (including briefs)
Marnie Coutino seeks resentencing on the ground that the trial court erroneously exercised its discretion when it imposed a 30-day jail sentence without considering whether probation was appropriate. [continue reading…]
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by admin
on July 19, 2017
We leave you with the most recent petition granted by the Wisconsin Supreme Court, the stats on SCOW’s 2016-2017 term, plus 5 additional new posts to ponder in our absence. See you in a few weeks!
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by admin
on July 19, 2017
Review of an unpublished court of appeals decision; case activity (including briefs)
Issue (from petition for review):
Whether the doctrine of hot pursuit always justifies a forcible warrantless entry into the residence of one suspected of minor criminal activity. In the present case, the court of appeals declined to consider Mr. Delap’s argument that the conduct of law enforcement in this case, even if justified as legitimate ‘hot pursuit’ of a fleeing suspect, was nonetheless unreasonable under the Fourth Amendment. Although Mr. Delap’s argument presented a chain of reasoning and citation to legal authority, the court of appeals characterized the argument as ‘undeveloped’ and did not consider it.
[continue reading…]
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by admin
on July 19, 2017
SCOWstats just released its end-of-term statistics on the Wisconsin Supreme Court. You can find them here.
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by admin
on July 19, 2017
State v. Alphonso Lamont Willis, 2016AP791-CR, 7/18/17, District 1 (not recommended for publication); case activity (including briefs)
Alphonso Willis appeals his jury-trial conviction of first-degree intentional homicide and being a felon in possession of a firearm. He raises several claims for a new trial and also asks for resentencing. The court of appeals rejects the resentencing claim and some of his complaints of trial error, but concludes that he is entitled to a Machner hearing on his trial counsel’s (1) failure to present testimony that his boots did not match the prints left at the scene and (2) failure to introduce evidence that the homicide occurred at a time when he had already left the vicinity. [continue reading…]
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by admin
on July 19, 2017
If you missed the recent post on plea agreements as “constitutional contracts,” you might want to take a look at it now. In the comment section you’ll find the Bills bantering about how such an argument would play out in the trial courts AND ALSO a comment by Colin Miller, the professor who wrote the law review article at issue, reacting to the Bills’ banter. Click here for the post and comments.
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