by admin
on February 10, 2017
State v. Christopher Joseph Allen, 2017 WI 7, affirming a published court of appeals decision, 2014AP2840-CR, 2/9/17 ; case activity (including briefs)
State v. Leitner, 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 held that a sentencing court may consider all facts underlying an expunged record of conviction provided those facts are not obtained from the expunged court records. This case extends Leitner by holding that a sentencing court may consider a defendant’s successful completion of probation in a prior case where his conviction was expunged pursuant to §973.015. [continue reading…]
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by admin
on February 9, 2017
Dodge County v. J.T., 2016AP613, District 4, 2/9/17 (one-judge decision; ineligible for publication); case activity
The threats J.T. made in a letter provided sufficient evidence to find him dangerous to others under § 51.30(1)(a)2.b. [continue reading…]
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by admin
on February 9, 2017
Last year, SCOW granted an unusually low number of petitions and reviewed an unusually high number of per curiam decisions. Find out how the high court doing this year in the latest edition of SCOWstats.
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by admin
on February 9, 2017
State v. Richard L. Keller, 2017 WI App 19; case activity (including briefs)
Richard Keller’s probation rules required, among other things, that he neither possess a computer nor commit any crime. When his agent found computers at his house, she took them to Madison and had a Department of Criminal Investigations analyst examine them. Child porn was found and Keller moved for suppression, which the trial court granted. The court of appeals now reverses. [continue reading…]
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by admin
on February 8, 2017
State v. Anthony Colon, 2016AP1071-CR, 2/7/17, District 1 (1-judge opinion; ineligible for publication); case activity (including briefs)
Colon was on trial for 2 felonies and 3 misdemeanors. During a break in deliberations, the bailiff happened to be transporting Colon to the court room. Colon was wearing street clothes, but he was chained to other defendants who were wearing orange jail garb. Upon learning that some of Colon’s jurors may have seen him that way, defense counsel asked the judge to question the jury, but he did not move for a mistrial. [continue reading…]
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by admin
on February 8, 2017
State v. Michael Steel, Jr., 2016AP796-CR, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court didn’t erroneously exercise its discretion in denying Steel’s requests for a new lawyer and an adjournment on the morning of trial. [continue reading…]
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by admin
on February 8, 2017
State v. Nicholas W. Stern, 2016AP1534, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court implicitly credited the testimony of a police officer that Stern was in the wrong lane of travel as he drove toward the officer, and therefore held the officer had reasonable suspicion to stop Stern for violating § 346.05(1). The circuit court’s finding is not clearly erroneous, despite Stern’s claim the officer’s testimony is contradicted by the squad car video, which he says shows Stern maintaining his lane as he approached and passed the officer. [continue reading…]
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by admin
on February 3, 2017
Everyone once in awhile–sometimes around Groundhog Day–our former colleague emerges to post some entertaining comments about a significant development in the law. These remarks about a SCOTUSblog “petition of the day” filed in Ohio v. Hand, now pending, were cut and pasted from Bill’s Facebook page.
[continue reading…]
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