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State v. Shaun M. Sanders, 2018 WI 51, 5/18/18, affirming a published court of appeals decision, 2017 WI App 22, case activity (including briefs)

The state can criminally punish a person for something he or she did as a small child. Read more

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State v. Lamont Donnell Sholar, 2018 WI 53, 5/18/18, affirming an unpublished court of appeals opinion, 2016AP897-CR, case activity

Appellate lawyers will want to pay attention to this decision because it clarifies the law and procedure governing claims for ineffective assistance of trial counsel. In particular, resolving an issue of first impression, it holds that in a multi-count case, trial counsel’s ineffective assistance doesn’t automatically result in a new trial on all counts. In this case, SCOW affirmed a decision ordering a new trial on just 1 of 6 counts. Read more

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State v. DeAnthony K. Muldrow, 2018 WI 52, 5/18/18, affirming a published court of appeals decision, 2017 WI App 47; case activity (including briefs)

A unanimous supreme court holds that lifetime GPS monitoring is not punishment, so a judge doesn’t have to advise a defendant that he or she is pleading to a crime that will require lifetime monitoring. Read more

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State v. Benjamin R. Tibbs, 2017AP2408-CR, District 4, 5/10/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Why, no; no, they don’t. Read more

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Fond du Lac County v. Isaac Anthony Dahlke, 2017AP1417, District 2, 5/9/18 (one-judge decision; ineligible for publication); case activity (including briefs)

The stop of Dahlke’s car was unlawful because the officer didn’t have an objectively reasonable belief that Dahlke entered a wayside in violation of an ordinance prescribing hours when the wayside is closed. Read more

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State v. Eric W. Poirier, 2017AP931-CR, District 3, 5/8/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Back in 2003, Poirier was fined $1,184 for an OWI conviction. He didn’t pay, so a judgment was entered against him. In 2017 the circuit court entered an order assigning income from his prison account to pay the judgment. He objects to the assignment order, but to no avail, due in large part to missteps common to pro se litigants. Read more

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Milwaukee County v. I.K., 2017AP1425, District 1, 5/8/18 (one-judge decision; ineligible for publication); case activity

The County proved I.K. was dangerous under both § 51.20(1)(a)2.d., by showing there was a substantial probability I.K. would suffer physical harm resulting from his inability to satisfy basic needs due to mental illness, and § 51.20(1)(a)2.e., by showing that, after being advised of the advantages and disadvantages of accepting treatment, I.K. was unable to understand and make an informed choice regarding treatment and that a lack of treatment will result in further disability or deterioration. Read more

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State v. A.E., 2017AP1773 & 2017AP1774, District 1, 5/8/18 (one-judge decision; ineligible for publication); case activity

This is the third TPR opinion in a week addressing challenges to the denial of a postjudgment fact-finding hearing under § 809.107(6)(am) and a constitutional challenge to the application of the failure to assume parental responsibility standard to a parent whose children have been removed from the home under a CHIPS order. As with the other two cases, the court of appeals rejects the challenges. Read more

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