State v. Michael W. Crute, 2014AP659, District 4, 1/29/15 (recommended for publication); case activity

An administrative rule (§ Adm 2.14(2)(vm)(intro.) and 5.) requires a permit for any rally, meeting, or similar event held in a state building, and persons participating in an unpermitted event can be ticketed for “unlawful assembly.” But the rule did not contain a minimum group size, so it covered unpermitted events undertaken by as few as one person. The court of appeals holds the rule is not a valid time, place, and manner regulation under the First Amendment because it was not narrowly tailored to serve a substantial governmental interest. It also rejects the state’s attempt to save the rule by construing it to apply only to groups over 20 persons.

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State . Michelle M., 2014ap1539, District 1; 1/27/15 (one-judge opinion; ineligible for publication); case activity

In this TPR case, a circuit court instructed a jury using the version of WIS JI-Children 346 that allows consideration of whether a mother has exposed her child to a hazardous living environment. The court should have given the prior version, which did not mention this consideration. According to the court of appeals, the jury could consider the point whether the instruction explicitly mentioned it or not.

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State v. Danny Robert Alexander, 2015 WI 6, 1/27/15), reversing an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity

Alexander claimed he is entitled to resentencing because his sentence was based in part on compelled statements he made to his supervision agent. The supreme court rejects his claim after concluding that the circuit court did not rely on the compelled statements in imposing sentence.

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No error in limiting cross examination and rejecting offer of proof about FSTs at refusal hearing

January 28, 2015

State v. Kyle R. Christoffersen, 2014AP1282, District 2, 1/28/15 (1-judge decision; ineligible for publication); case activity The judge at Christoffersen’s refusal hearing didn’t violate Christoffersen’s due process rights when it limited cross-examination about the arresting officer’s training on, and administration of, field sobriety tests and refused to allow Christoffersen to make an offer […]

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Warrantless entry allowed where police pounding on front door sparks shuffling sounds

January 28, 2015

State v. Andre Bridges, 2013AP350-CR, district 2; 1/27/15 (not recommended for publication); case activity If any doubt remained, rest assured that if police have probable cause to believe there are drugs in your apartment, pound on your door, yell “Milwaukee police” and then hear sounds of movement, they may bust down your […]

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Evidence sufficient to establish “pattern” and prove dangerousness under § 51.20(1)(a)2.c.

January 27, 2015

Outagamie County v. Lori D., 2014AP1911, District 3, 1/27/15 (1-judge decision; ineligible for publication); case activity There was sufficient evidence to commit Lori under § 51.20(1)(a)2.c. because her behavior over one night showed a “pattern of recent acts or omissions” that evidenced impaired judgment and because the lack of services available […]

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Court of appeals rejects multiple-issue challenge to child pornography conviction

January 27, 2015

State v. Jose O. Gonzalez-Villarreal, 2013AP1615-CR, District 1, 1/27/15 (not recommended for publication); case activity The court of appeals rejects Gonzalez-Villarreal’s challenge to his conviction for possessing child pornography based on claims that: his right to a speedy trial was violated; discovery restrictions violated his right to equal protection; other acts […]

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SCOW: Judge shouldn’t have presided over case after being substituted under § 971.20, and error isn’t harmless

January 22, 2015

State v. Richard Harrison, 2015 WI 5, 1/22/15, affirming a summary disposition of the court of appeals; opinion by Chief Justice Abrahamson; case activity The supreme court unanimously holds that a circuit judge erred by presiding over Harrison’s trial, sentencing, and postconviction motions after Harrison filed a timely and proper § 971.20 request for substitution of […]

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Charging under superseded statute was “technical error” that didn’t prejudice defendant

January 22, 2015

State v. Robert J. Tisland, 2012AP1570-CR, District 4, 1/22/15 (not recommended for publication); case activity Even if two legislative acts made inconsistent changes to a criminal statute and meant the changes made by the earlier act were superseded by the later one, a charge filed under the provisions of the […]

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Court of appeals certifies “imminent deportation” issues to SCOW

January 22, 2015

State v. Melisa Valadez, 2014AP678, 2014AP679, 2014AP680; District 2; 1/21/15; case activity Issue presented (from certification): How definite or imminent must deportation be in order for it to be “likely,” such that a defendant may withdraw a guilty or no contest plea on the basis that he or she was […]

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