by admin
on March 30, 2017
State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs)
Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault to anyone until she was 10 years old. Nichols’s postconviction motion alleged that the state had failed to turn over a list, prepared by the child, of changes she wished to make to statements she made during her first forensic interview. The circuit court found the state had acted in bad faith in withholding the list, vacated Nichols’s conviction, and dismissed the charges with prejudice. The court of appeals now reverses and remands for the circuit court to consider Nichols’s sentence modification claim. [continue reading…]
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by admin
on March 28, 2017
The Texas court had applied what’s been called “the Lennie standard”; today the high Court holds that this test disregards current medical standards and is thus invalid. For more, see our post on the cert grant.
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by admin
on March 28, 2017
State v. Peter J. Long, 2016AP729, 3/28/17, District 1 (one-judge decision, ineligible for publication); case activity (including state’s brief)
Peter Long filed a Wis. Stat. § 974.06 arguing that his sentence for OWI-4th should be commuted or modified to the maximum sentence for an OWI-3rd, because one of his priors was uncounseled. [continue reading…]
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by admin
on March 28, 2017
State v. Desmond Anthony Mattis, 2016AP982, 3/28/17, District 3 (one-judge decision; ineligible for publication); case activity (including state’s brief)
Desmond Mattis raises three issues in this appeal of the circuit court’s denial of his Wis. Stat. § 974.06 motion. The court of appeals rejects them seriatim. [continue reading…]
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by admin
on March 28, 2017
Today’s edition of SCOWstats studies the Wisconsin Supreme Court’s use of stare decisis and reveals what superb trainers our justices are!
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by admin
on March 26, 2017
It will be argued Tuesday. Click here for the SCOTUSblog post.
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by admin
on March 26, 2017
State v. Faith N. Reed, 2016AP1609-CR, 3/23/17, District 4 (1-judge opinion; ineligible for publication), petition for review granted 3/13/18, reversed, 2018 WI 109; case activity (including briefs)
Officer Keller followed Sullivan into Reed’s apartment and saw controlled substances there. Reed sought suppression on the grounds that the officer did not have consent to enter her home. Based on a de novo, frame-by-frame review of a body cam video, the court of appeals held that Sullivan by his conduct (not his words) unequivocally invited Keller into Reed’s apartment. [continue reading…]
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by admin
on March 23, 2017
State v. Matthew A. Seward, 2016AP1248-CR, 3/22/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
This is a permissive appeal. Matthew Seward is charged with OWI-3rd; he seeks reversal of the circuit court’s denial of his collateral attack on his OWI-2nd conviction. [continue reading…]
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