State v. Thomas D. Dowling, 2016AP838-CR, 10/26/16, District II (one-judge; ineligible for publication); case activity (including briefs)
This is an ineffective assistance claim against Dowling’s trial counsel for not moving to suppress evidence obtained after Dowling told police officers–whom his wife had allowed into their apartment–to leave. [continue reading…]
County of Sheboygan v. Lee F. Kleinhans, 2016AP836, 10/26/16, District 2 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)
Lee Kleinhans appeals, pro se, from his bench trial conviction for failing to obey an official traffic sign contrary to Wis. Stat. § 346.04(2). Things never really get off the ground. [continue reading…]
County of Fond du Lac v. Stuart D. Muche, 2016 WI App 84; case activity (including briefs)
Muche threw a high school graduation party for his son and (gasp!) some of the underage guests brought beer to it. Sheriff’s deputies showed up and cited Muche for violation of Fond du Lac County’s social host ordinance, which resulted in a forfeiture of $1,000. This decision dismisses the forfeiture and, according to the Journal Sentinel, could require changes to “dozens of social host ordinances aimed at combatting underage drinking.” In short, this decision is SCOW bait. [continue reading…]
County of Fond Du Lac v. Blade N. Ramthun, 2016AP825, District 2, 10/26/16 (1-judge opinion, ineligible for publication); case activity (including briefs)
A deputy stopped Ramthun for speeding and suspected that he had been drinking. Because it was 1:08 a.m. and raining hard on Highway 45, the deputy drove him 3 to 4 miles to a gas station to conduct field sobriety tests. Ramthun argued that his temporary detention and movement violated §968.24, which codifies Terry v. Ohio, 392 U.S. 1, 22 (1986). [continue reading…]
According to a new report by researchers from Emory Law School and the American Constitutional Society, the more TV ads aired during a state supreme court election, the less likely justices are to vote for criminal defendants. The analysis covers 30 states, including Wisconsin. Click here.
He also says Ruth Bader Ginsburg and Stephen G. Breyer are the only “qualified” justices. Click here to read more.
State v. Thomas J. Queever, 2016 WI App 87; case activity (including briefs)
Thomas Queever tried to break into a house. We know this because the home’s security system captured video of him doing so. The circuit court and the court of appeals ordered him to pay the cost of said security system, concluding that the expense of installing it was the “result of a crime considered at sentencing,” even though it was installed prior to the burglary of which Queever was convicted. Does the court of appeals’ authority extend to reversing the arrow of time? [continue reading…]
Orin Kerr has written a couple of interesting new posts on whether warrants requiring a person to press his finger to a censor on a cell phone or commuter violate the 5th Amendment. Click here and here.
