by admin
on December 29, 2021
State v. T.A., 2020AP1350, 12/28/21, District 3 (1-judge opinion, ineligible for publication); case activity
Tanner (16) had sex with a girl (16) after she told him to “stop.” The circuit court adjudicated him delinquent and imposed but stayed a requirement that he register as a sex offender. Subsequently, the court lifted the stay and ordered Tanner to register as a sex offender for 15 years. The court of appeals here reverses the “lift of stay” and orders a new hearing because the circuit court relied on an inaccurate interpretation of Tanner’s J-SOAP-II score at the original hearing. [continue reading…]
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by admin
on December 27, 2021
On December 27, 2021, the court of appeals ordered publication of the following criminal law related decisions: [continue reading…]
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by admin
on December 26, 2021
State v. Nestor Luis Vega, 2021AP126-CR, District 4, 12/23/21 (not recommended for publication); case activity (including briefs)
Vega testified at his trial on drug delivery charges and denied he had sold drugs to the informant and that the informant was not telling the truth. (¶12). On cross examination, the prosecutor, over defense counsel’s objections, asked Vega why he failed to give police his exculpatory version of events when he was arrested. (¶¶13-15). These questions violated Vega’s due process rights under State v. Brecht, 143 Wis. 2d 297, 421 N.W.2d 96 (19880, and Doyle v. Ohio, 426 U.S. 610 (1976), and the trial court’s error in allowing the questions was not harmless. [continue reading…]
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by admin
on December 26, 2021
State v. Randy J. Promer, 2020AP1715-CR, 12/21/21, District 3 (not recommended for publication); case activity (including briefs).
Last term, SCOTUS rejected the idea that “community caretaking” is a standalone doctrine that justifies warrantless searches and seizures in the home. See Caniglia v. Strom, 141 S. Ct. 1596 (2021). Concurring opinions raised the possibility that the doctrine either no longer exists or applies only to the search of impounded vehicles. See our post. The court of appeals holds that the community caretaker doctrine continues to apply to traffic stops, and it justified the search and seizure in this case. [continue reading…]
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by admin
on December 26, 2021
Waupaca County v. G.T.H., 2021AP1490, 12/23/21, District 4 (1-judge opinion, ineligible for publication); case activity
At Waupaca County’s request, the circuit court entered recommitment and medication orders against G.T.H. Six months later, the County conceded that the circuit court had failed to make the factual findings required by Langlade County v. D.J.W., 2020 WI 41, ¶¶3, 40, 391 Wis. 2d 231, 942 N.W.2d 277. The court of appeals reversed both orders but did not order remand proceedings. The County had failed to address the proper remedy and thus conceded that reversal was appropriate.
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by admin
on December 22, 2021
Wisconsin Justice Initiative v. Wisconsin Elections Commission, 2020AP2003, certification issued 12/21/21; case activity (including briefs)
Question certified (composed by On Point):
Was the single ballot question submitting the “Marsy’s Law” constitutional amendments to voters legally insufficient because it:
(1) does not “reasonably, intelligently, and fairly comprise or have reference to every essential of the amendment,” State ex rel. Ekern v. Zimmerman, 187 Wis. 180, 201, 204 N.W. 803 (1925);
(2) is misleading, in that it contained “misinformation” and did not “mention[] [its subject] in accord with the fact,” State ex rel. Thomson v. Zimmerman, 264 Wis. 644, 660, 60 N.W.2d 416 (1953); or
(3) should have been submitted as more than one ballot question because the proposed amendment encompassed more than one subject matter and accomplished more than one purpose, McConkey v. Van Hollen, 2010 WI 57, ¶¶25-26, 41, 326 Wis. 2d 1, 783 N.W.2d 855.
[continue reading…]
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by admin
on December 22, 2021
State v. K.B.W., 2021AP47, District 1, 12/21/21 (one-judge decision; ineligible for publication); case activity
K.B.W. argues the circuit court erroneously exercised its discretion when it ordered him to register as a sex offender because it didn’t determine K.B.W.’s conduct was “sexually motivated,” as required by § 938.34(15m)(am)1. Though the circuit court didn’t make an express finding on that point, the record shows the issue was addressed and that the circuit court therefore properly exercised its discretion. [continue reading…]
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by admin
on December 19, 2021
Rock County v. P.P., 2021AP678, District 4, 12/16/21 (one-judge decision; ineligible for publication); case activity
P.P. challenges the sufficiency of the evidence elicited in support of the involuntary medication order issued in April 2020, along with the original commitment order. Both orders were set to expire in October 2020, so in September 2020 the County petitioned to extend them for 12 months. P.P. stipulated to the extension. (¶¶2-4). Because of the September 2020 extension of the medication order, P.P.’s appeal of the original order is moot. [continue reading…]
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