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State v. Patrick D. Zolliecoffer, 2018AP1639-CR, 8/20/19, District 1 (not recommended for publication); case activity (including briefs)

Zolliecoffer challenged two of the State’s peremptory strikes as racially based. On appeal, the State conceded that the circuit court failed to apply the 3-step procedure for analyzing Batson claims, which On Point recently explained here.  Zolliecoffer urged the court of appeals to remand for a new trial. The State sought a remand to apply Batson. Surprise! The State won. Read more

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State v. Christopher J. Durski, 2018AP1750-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs)

Durski was arrested at a motel, where he had decamped after a family dispute. In investigating the family dispute police learned Durski drank alcohol before leaving for the motel, so they tracked him down. Durski wasn’t in custody during the officers’ initial questioning of him at the motel, so his statements were admissible despite the lack of Miranda warnings. So was the state’s retrograde extrapolation evidence. Read more

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Man bites dog!

State v. Robert L. Kavalauskas, 2019AP610-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs)

And court finds reasonable suspicion to stop and detain driver to investigate OWI! Read more

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State v. Sean N. Jones, 2018AP948-CR, District 3, 8/20/19 (not recommended for publication); case activity (including briefs)

Jones makes various challenges to his conviction and sentence for being to party to the crime of armed robbery. The court of appeals rejects all of his claims except the last one, involving sentence credit. Read more

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State v. Traci Busha, 2018AP1863, 8/20/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

Ms. Busha’s car was stuck in a ditch on the outskirts of Superior. A responding police officer found her alone in the passenger seat. She had been drinking but said she hadn’t been driving; her boyfriend “Scott” had been. For various reasons the officer didn’t buy her story. After about 15 minutes, while a tow truck was en route, the officer told her to get out of the car and stand by his vehicle. At this point, he told her he didn’t believe her account and said it was time to tell the truth. She admitted to driving. Read more

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State v. Richard H. Harrison Jr., 2017AP2440 & 2441-CR, cross-petitions for review granted 8/14/19; case activity

We posted about the unpublished court of appeals decision; the basic scenario is that Mr. Harrison served his initial confinement on a couple of concurrent sentences, then began serving the initial confinement portion of some sentences that had been imposed consecutive to that first set of sentences. But, about three years into those later sentences, they were vacated. So what happens to the three years Harrison was in prison on sentences that no longer exist? Do they count toward satisfying the extended supervision of his still-extant, earlier-imposed sentences? Read more

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Winnebago County v. C.S., 2016AP1982, petition for review of a published court of appeals opinion granted 8/15/19; case activity

Issue:

Does Wis. Stat. §51.61(1)(g) violate substantive due process because it does not require a finding of dangerousness to involuntarily medicate a prisoner?

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Timothy W. Miller v. Angela L. Carroll, petition to review a published court of appeals decision granted 8/14/19; case activity (including briefs)

Issues (based on Carroll’s Petition for Review)

  1. Does a judge’s acceptance of one party’s Facebook “friend” request by itself overcome the presumption that a judge is fair, impartial, and capable of ignoring any biasing influences, given the absence of any allegation of subjective bias or of facts showing the judge treated the other party unfairly, and when there were no electronic social media (“ESM”) communications between the judge and the party regarding the merits of the case?
  2. Does the fact a party “liked” a judge’s Facebook posts unrelated to the pending litigation or commented on a Facebook post unrelated to the pending litigation constitute an ex parte communication between a party and a judge?

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