by admin
on February 13, 2023
State v. Morris V. Seaton, 2021AP1399-CR, certification filed 2/8/23, certification granted, 3/24/23, remanded, 2023 WI 69;District 2; case activity (including briefs)
Question presented (from the court of appeals’ certification):
In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision in State v. Dorsey, 2018 WI 10, ¶¶23-25, 379 Wis. 2d 386, 906 N.W.2d 158, interpreting and applying that amendment, are State v. Alsteen, 108 Wis. 2d 723, 324 N.W.2d 426 (1982), and State v. Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214, still controlling law as they relate to the admissibility of prior nonconsensual sexual wrongs in cases involving an adult victim of an alleged sexual assault where consent is the primary issue?
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by admin
on February 12, 2023
State v. Craig R. Thatcher, 2020AP1734, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs).
A state trooper stopped Thatcher for a suspected OWI, the trooper read the Informing the Accused Form, and, according to Thatcher, provided additional, misleading information that influenced his decision to consent to a breath test in violation of County of Ozaukee v. Quelle, 198 Wis. 2d 269, 280, 542 N.W.2d 196 (Ct. App. 1995). The court of appeals affirmed the circuit court’s decision to suppress the results of the breath test and also the results of the subsequent blood. [continue reading…]
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by admin
on February 12, 2023
County of Dunn v. Kevin J. Cormican, 2020AP1895, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs)
After being convicted of OWI 1st, Cormican appealed the denial of his motion to suppress the results of his blood test. He first argued that the arresting officer gave him information beyond what is on the Informing the Accused (ITA) card that was misleading and affected his decision to consent to the test. He also argued that due to the misleading information, his consent to the blood test was involuntary. The court of appeals affirmed. [continue reading…]
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by admin
on February 9, 2023
State v. Lynne M. Shirikian, 2023 WI App 13; case activity (including briefs)
Shirikian pleaded to OWI as a fifth offense. Back in 2019, the legislature amended the statutes to create a both a presumptive and a mandatory minimum sentence for OWI 5th and OWI 6th. See 2019 Wis. Act 106; Wis. Stat. § 346.65(2)(am)5. The presumptive minimum requires at least 18 months of initial confinement, but the statute lets a court go lower if it finds doing so in the best interest of the community and not harmful to the public. The court of appeals now holds that even if a court decides to give less than 18 months IC, it’s still obligated to impose a bifurcated sentence. Since bifurcated sentences necessarily involve at least a year of IC, see Wis. Stat. § 973.01(2)(b), that year is the true mandatory minimum. Further, the court holds, a sentencing judge can’t avoid this minimum by imposing and staying a prison sentence and ordering of probation. Because the judge here did order probation, the court of appeals remands with directions that the lower court impose a legal sentence. [continue reading…]
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by admin
on February 9, 2023
Barron County v. K.L., 2022AP502, District 3, 02/07/2023 (one-judge decision, ineligible for publication), case activity
K.L. (Katie) challenged the 2021 extension of her original 2013 Chapter 51 commitment on two grounds: (1) insufficient evidence of dangerousness and (2) the circuit court’s failure to “make specific factual findings with reference to the subdivision paragraph of Wis. Stat. § 51.20(1)(a)2. on which the recommitment is based.” See Langlade County v. D.J.W., 2020 WI App 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d 277. The court affirms Katie’s recommitment after concluding the county presented “clear and convincing evidence” that Katie was dangerous under the fourth standard (see Wis. Stat. § 51.20(1)(a)2.d.), and that the circuit court complied with D.J.W. when it “checked two boxes on its written order,” which indicated that Katie was dangerous under the third and fourth standards. (Opinion, ¶¶2, 12). [continue reading…]
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by admin
on February 6, 2023
State v. Larry L. Jackson, 2023 WI 3, 01/20/23, affirming in part, reversing in part, and remanding a per curiam court of appeals decision; case activity (including briefs)
A unanimous supreme court holds that Jackson is entitled to an evidentiary hearing under State v. Machner on one of his three claims of ineffective assistance of counsel. [continue reading…]
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by admin
on February 1, 2023
State v. Ayodeji J. Aderemi, 2023 WI App 8; case activity (including briefs)
This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the State’s Information. Aderemi argued that the fumble caused the State to miss its filing deadline, so under §971.01(2) the circuit court had to dismiss the case without prejudice. In a split decision, recommended for publication, the majority (White and Brash) ruled for the State. The dissenter (Dugan) faults the majority for ignoring important parts of Wisconsin’s e-filing statute. He would reverse and remand for an evidentiary hearing. [continue reading…]
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by admin
on January 31, 2023
State v. James P. Killian, 2020AP2012, review of a published court of appeals decision granted 1/20/23; case activity
Issues presented (from state’s PFR):
Has the State exposed Killian to multiple prosecutions for the same offense in violation of double-jeopardy principles? [continue reading…]
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