On Point

State v. Jeffrey W. Butler, 2021AP2212-CR, 1/11/23, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

At Butler’s restitution hearing, the circuit court expressed frustration and disappointment that neither party presented any documentation regarding a disputed restitution claim. The court stated, “I have nothing other than testimony saying [the victim’s] done all this stuff and Googled it and she doesn’t bring in any receipts.” The court continued: “Nothing, I have nothing…[s]o the court is left with, based on testimony, what’s a reasonable amount of restitution…” The court then concluded, “I’ll put $500 toward clothing.” Butler appealed and the court of appeals affirms, holding that the victim’s testimony alone is sufficient to support the restitution award. [continue reading…]

State v. Clinton D. Clucas, 2022AP965, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

This is a pretrial state’s appeal under Wis. Stat. § 974.05(1)(d)2.. The trial court excluded three of the four prior incidents the state proposed to offer as evidence in Clucas’s trial for disorderly conduct with the domestic abuse enhancer. The court of appeals affirms, concluding the state’s proffered “permissible purpose” for the evidence is really just propensity by another name. [continue reading…]

State v. Tisha Lee Love, 2022AP1422, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Love appeals a jury verdict rendered against her for driving 87 miles per hour in a 55 zone. [continue reading…]

State v. Thor S. Lancial, 2022AP146-CR, 1/5/22, District 3 (not recommended for publication); case activity (including briefs)

A jury convicted Lancial of 10 counts of possession of child pornography. On appeal, he argued that (1) the State’s evidence was insufficient to support the conviction and (2) the circuit court erred in denying his motion to suppress evidence that the police seized during their search of his cell phone. The court of appeals reversed on the second point and held that the pornography had to be excluded on remand. [continue reading…]

County of Monroe v. Kling, 2022AP339, 12/30/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs)

Section 346.70(1) governs a driver’s duty to report a car accident. When the accident does not cause injury or death, the driver must report the “total damage to property owned by any one person. . . to an apparent value of $1,000 or more” to the authorities by “the quickest means of communication.”  There are no published opinions interpreting and applying this language. This decision construes it against drivers and affirms the civil forfeiture entered against Kling. [continue reading…]

State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs)

In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the account and  (2) uploaded case files and shared them without permission. (Opinion, ¶43). The court further holds that although investigators had probable cause to search the account for evidence of Bowers’ alleged crime, no exigent circumstances justified the warrantless search. (¶3).

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The indispensable and indefatigable Doug Berman recently posted about an interesting sentencing-related petition for certiorari pending in the U.S. Supreme Court that might be considered at the January 6 conference. To quote from the amicus brief he helped prepare in support of the petition, the issue involves “the oft-recurring issue of whether the Constitution and federal sentencing law limits reliance on jury-rejected facts for dramatic Guidelines enhancements and impositions of lengthy prison terms.”

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