Kenosha County v. Blaire A. Frett, 2014AP6, 11/19/24, District 2, (recommended for publication); case activity

State v. Melody P.M., 2009 AP2991 (WI App June 10, 2009), a 1-judge opinion, held that Wis. Stat. § 973.015 permits circuit courts to expunge civil forfeiture violations. Here, the court of appeals explicitly overrules  Melody P.M. and holds that civil forfeiture violations may not be expunged.

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Dane County DHS v. Christina L., 2014AP1437, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity

There was a factual basis for Christina L.’s no contest plea to grounds for termination under § 48.415(10) because the child in this case, Aiden G-L., was “adjudged” CHIPS within three years of the involuntary termination of her parental rights to another child, Shaun L.

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City of Portage v. Kenneth D. Cogdill, 2014AP1492, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity

Police had probable cause to believe Cogdill had been operating a motor vehicle while under the influence of an intoxicant based on the statements of witnesses, the officers’ own observations, and Cogdill’s statements.

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State v. Chamblis, 2012AP2782-CR, petition for review granted 11/18/14

November 20, 2014

Review of a per curiam court of appeals decision; case activity Issues (composed by SCOW). See order granting review. 1.  Where a defendant seeks to plead guilty or no contest to a charge of operating a motor vehicle while under the influence of an intoxicant (OWI), or with a prohibited alcohol concentration […]

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Identity theft doesn’t require proof defendant knew the identifying information belonged to an actual person

November 19, 2014

State v. Fernando Moreno-Acosta, 2013AP2173-CR, District 2, 11/19/14 (recommended for publication); case activity While § 943.201(2) requires the state to prove the defendant used personal identifying information belonging to an actual person, it need not prove that the defendant knew the information belonged to another “real, actual person.”

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Smell of burnt marijuana + silence after police knock on door = exigent circumstances

November 19, 2014

State v. Jennifer M. Parisi, 2014AP474-CR, District 2, 11/19/14 (recommended for publication); case activity The warrantless entry into Parisi’s apartment was lawful because police had probable cause to believe the apartment contained evidence of a crime and there were exigent circumstances justifying entry without a warrant.

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SCOTUS: Habeas court erred in treating improper restriction on defendant’s closing argument as structural error

November 18, 2014

Glebe v. Frost, USSC No. 14-95, 11/17/14 (per curiam), reversing Frost v. Van Boening, 757 F.3d 910 (9th Cir. 2014) (en banc); docket and Scotusblog page Supreme Court precedent has not clearly established that improper restriction of a defendant’s closing argument is structural error, so the Ninth Circuit erred in granting habeas relief on that […]

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Plea withdrawal denied despite allegation trial counsel gave erroneous advice

November 18, 2014

State v. Stephanie M. Przytarski, 2014AP1019-CR, District 1, 11/18/14 (1-judge decision; ineligible for publication); case activity Przytarski can’t withdraw her plea even if her trial lawyer erroneously told her that she could appeal the trial court’s pretrial order that barred her from introducing certain evidence to defend against charges of interference with […]

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State v. Patrick Hogan, 2013AP430-CR, petition for review granted 11/14/14

November 17, 2014

Review of a per curiam court of appeals decision; case activity Issue (composed by Hogan’s petition for review): 1. When a person is illegally detained by law enforcement for a period of time and then is verbally released by the officers for a comparatively very brief period of time before being re-approached […]

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Mayhugh v. State, 2013AP1023, petition for review granted 11/14/14

November 17, 2014

Review of a court of appeals summary disposition; case activity Issue: (composed by On Point): Does the doctrine of sovereign immunity bar a person’s recovery for personal injuries that he sustains while in the custody of the Department of Corrections? While the State Public defender cannot represent inmates in personal injury litigation […]

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