Range v. Attorney General, 69 F.4th 96 (3d Cir. 2023).
In a case highlighting the changed legal landscape for firearm regulation, an en banc panel of the Third Circuit Court of Appeals concludes that the federal government cannot ban a nonviolent felon from lawfully possessing a firearm.
State v. Jonathon S. Geiger, 2022AP1270-CR, District III, 7/11/23, not recommended for publication; case activity (briefs available)
Geiger argues the circuit court erroneously ordered him to pay extradition costs in connection with a sentencing after revocation hearing. COA rejects his statutory construction arguments and affirms.
State v. M.H., 2023AP732, District I, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)
M.H. raises two challenges to a circuit court order terminating her parental rights. Under an exceedingly deferential standard of review, both claims fail.
Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available)
In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent.
State v. Ashley Rae Baker, 2022AP1587-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs)
The Fourth Amendment protects against guilt by association by requiring probable cause to arrest or search to be specifically linked to the individual defendant. See State v. Riddle, 192 Wis. 2d 470, 478, 531 N.W.2d 408 (Ct. App. 1995) (citing United States v. Di Re, 332 U.S. 581, 593 (1948). That probable cause exists to arrest one vehicle occupant does not mean probable cause exists to arrest another. [continue reading…]
C.T.L. v. M.L.K., 2023AP402, District III, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)
The court of appeals confronts two alleged errors stemming from M.L.K.’s TPR jury trial and affirms based on harmless error.
United States v. Zackey Rahimi, U.S.S.C. No. 22-915, cert. granted 6/30/23; Scotusblog page (containing links to briefs and commentary)
In a case with ramifications for Wisconsin law, SCOTUS has agreed to determine the extent of its recent decision in Bruen, which mandated a new form of historical analysis for firearm restrictions impinging on citizens’ 2nd Amendment right to possess guns for self-defense.
State v. Justin J. Kahle, 2022AP1555-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs)
In a case heavily reliant on SCOW’s decision in County of Grant v. Vogt, the court of appeals easily concludes that law enforcement did not seize an intoxicated motorist by virtue of shining a spotlight into that motorist’s parked truck.
