State v. Kearney W. Hemp, 2014 WI 129, 12/18/14, reversing a published court of appeals decision; opinion by Justice Gableman; case activity

At last, a unanimous SCOW decision settles how §973.015 is really supposed to work. Upon a young person’s successful completion of a sentence or probation, the detaining or probationary authority must issue a certificate of discharge to the court. This alerts the clerk to expunge the record. No petition is necessary. And once a court grants expungement, and the young person performs as required, the court cannot reverse its decision.

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State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity

In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had sufficient basis to administer a PBT.

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State v. Geoffrey A. Herling, 2014AP565-CR, District 4, 12/18/14 (not recommended for publication); case activity

The circuit court did not err by requiring Herling to prove by clear and convincing evidence that he had amnesia that prevented him from mounting an adequate defense.

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Judge—not clerk—makes sentence credit determination

December 17, 2014

State v. Tahj E. Kitt, 2014AP500-CR, District 2, 12/17/14 (recommended for publication); case activity “When a convicted offender has put sentence credit at issue, the court—not the clerk—must make and explain the decision on how much sentence credit is to be awarded.” (¶2).

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Police had sufficient basis to conduct stop and frisk

December 17, 2014

State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana.

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SCOW to review John Doe proceedings

December 17, 2014

Three Unnamed Petitioners v. Peterson, Nos. 2013AP2504-2508-W; case activity (for 2013AP2504); Two Unnamed Petitioners v. Peterson, No. 2014AP296-OA; case activity; and Schmitz v. Peterson, Nos. 2014AP417-421-W; case activity (for 2014AP417) The supreme court has granted review in some of the John Doe investigations into coordination of spending by candidate campaigns and independent groups. The long […]

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SCOW: “threat of suicide” ground for involuntary commitment does not require articulation of plan

December 17, 2014

Outagamie v. Michael H., 2014 WI 127, 12/16/14, affirming an unpublished court of appeals decision, majority opinion by Justice Crooks; case activity Section 51.20(1)(a)2.a authorizes the involuntary commitment of a person who is “dangerous,” a test that may be met by showing recent threats of, or attempts at, suicide. This […]

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Sentencing court didn’t err in its interpretation or application of COMPAS report

December 16, 2014

State v. Jordan John Samsa, 2013AP2535-CR, District 3, 12/16/15 (recommended for publication); case activity The circuit court did not erroneously exercise its discretion in using the criminogenic needs section of the COMPAS assessment report, which identifies areas in which the offender needs correctional or community intervention, as an indicator of Samsa’s danger […]

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JIPS order was supported by sufficient evidence and doesn’t violate parents’ religious rights

December 16, 2014

State v. Ester M. and Alexander M., 2014AP1621, District 1, 12/16/14 (1-judge decision; ineligible for publication); case activity The circuit court’s order finding Soreh M. to be a juvenile in need of protection or services  evidence is supported by sufficient and doesn’t impinge on the right to religious freedom of her parents, Ester […]

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SCOTUS: A police officer’s reasonable mistake of law may give rise to reasonable suspicion that justifies an investigatory stop

December 15, 2014

Heien v. North Carolina, USSC No. 13-604, 2014 WL 7010684 (December 15, 2014), affirming State v. Heien, 737 S.E.2d 351 (N.C. 2012); Scotusblog page (includes links to briefs and commentary) Rejecting the position taken by Wisconsin and the clear majority of jurisdictions that have addressed the issue, the Supreme Court holds that a reasonable mistake […]

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