by admin
on December 15, 2022
State v. Nicholas A. Conger, 2022AP844, 12/14/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
A cop stopped Conger’s vehicle for a broken high-mounted stop lamp. On approaching the vehicle, the officer would testify, he smelled intoxicants. He asked Conger what he was smelling, to which Conger replied “Probably the pot.” Conger then turned over a small amount of cannabis and an open can of Mike’s Hard Lemonade to the officer. He also said he’d had some alcohol. The officer asked Conger to perform field sobriety tests; Conger agreed and was ultimately arrested for, charged with, and convicted of operating with a detectable amount of a restricted controlled substance in his blood. [continue reading…]
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by admin
on December 14, 2022
State v. Charles W. Richey, 2021AP142-CR, reversing an unpublished COA opinion; 12/9/22, case activity (including briefs)
“Freedom for all,” including the driver of the Harley in this case. In a quirky 4-3 decision, the liberal justices plus RGB hold that a deputy’s warning to be on the lookout for a Harley-Davidson driving erratically and speeding north on Alderson Street did not amount to reasonable suspicion for an officer stop a Harley driving normally about a 1/2 a mile away. [continue reading…]
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by admin
on December 14, 2022
Winnebago County v. C.L.S., 2022AP1155-FT, 12/14/22, District 2, (1-judge opinion, ineligible for publication); case activity
C.L.S. sought reversal of his recommitment under §51.20(1)(a)2.e arguing that the county’s evidence of dangerousness was insufficient, and the circuit court failed to make the findings required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277. The court of appeals rejected both arguments. But if its description of the examiner’s testimony is accurate, C.L.S. should have, at the very least, won on insufficient evidence. [continue reading…]
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by admin
on December 12, 2022
State v. Benjamin G. Churley, 2022AP189-CR, District 4, 12/8/22 (one-judge decision; ineligible for publication); case activity (including briefs)
The 35-month delay in Churley’s case did not violate his constitutional right to a speedy trial. [continue reading…]
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by admin
on December 7, 2022
Be sure to check out today’s Inside Track article “We Need to Recognize the Implicit Bias in Wisconsin’s Youth Justice System” by ASPD Alaina K. Fahley. Black and White youths engage in delinquent behaviors at similar rates. But while Black youth constitute only 11.2% of the Wisconsin youth population, they make up almost 25% of youth justice referrals. Ashley offers advice on addressing the disparity.
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by admin
on December 7, 2022
State v. A.H., 2022AP1454, 12/6/22, District 1, (1-judge opinion; ineligible for publication); case activity
The sole issue in this TPR appeal is whether the circuit court failed to consider the “best interests” of D.H.’s daughter. D.H. noted that the circuit court’s oral decision “wholly omits consideration of and reference to the best interest factor.” Opinion, ¶13. That argument failed because the circuit court is not required to “utter any magic words” when performing its “best interests” analysis. Opinion, ¶16 (citing State v. Robert K., 2005 WI 152, ¶33, 286 Wis. 2d 143, 706 N.W.2d 257). [continue reading…]
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by admin
on December 5, 2022
State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs)
Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described its driver getting out, climbing up on the fence to reach over an unlatch a gate, and going into the backyard. [continue reading…]
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by admin
on December 5, 2022
State v. C.B. & State v. N.M.M., 2022AP906 & 966, 11/29/22, District 1 (one-judge decision; ineligible for publication); case activity
C.B. and N.M.M. appeal the termination of their parental rights. They challenge the method the Milwaukee Clerk of Courts used to select the venire for their trial: drawing from a pool of “reserve jurors” and selecting those whose surnames began with “G” and “H.” They further request a new trial because there were no African Americans on the panel. [continue reading…]
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