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Defense win: New trial ordered due to evidence suggesting defendant was repeat drunk driver

February 21, 2020

State v. Ryan C. Diehl, 2019AP1176-CR, District 4, 2/20/20 (recommended for publication); case activity (including briefs) At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and […]

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Sentencing judge didn’t improperly craft sentence to offset sentence credit

State v. Casey T. Wittmann, 2018AP1623-CR, District 3, 2/18/20 (not recommended for publication); case activity (including briefs) Case law bars a sentencing judge from lengthening a defendant’s sentence to offset the amount of his or her presentence confinement credit. The sentencing judge in this case didn’t overstep that bar.

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Court didn’t err in reopening evidence at refusal hearing

February 20, 2020

State v. Bartosz Mika, 2019AP1488, District 2, 2/19/20 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court appropriately exercised its discretion in continuing Mika’s refusal hearing so the state could call another witness, and the testimony of the additional witness established police had reasonable suspicion to stop Mika.

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SCOW clarifies how to calculate OWI fines subject to multiple enhancers

State v. Charles L. Neill, IV, 2020 WI 15, 2/14/20, reversing a published decision of the court of appeals; case activity (including briefs) In this decision the supreme court explains how to calculate the minimum fine for an OWI when the fine is subject to multiple enhancer provisions. The supreme court’s calculation is better for defendants […]

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Attorney’s e-filing registration doesn’t eliminate need for personal service under § 801.02(1)

February 19, 2020

State ex rel. Michael J. Vieth v. John Tate II, 2018AP1525, District 4, 2/13/20 (not recommended for publication); case activity (including briefs) Lawyers handling petitions for a writ of certiorari to review administrative decisions (or any other extraordinary writs, for that matter) should be aware of this decision. It holds that, under the electronic filing […]

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Challenges to termination of parental rights are forfeited or meritless

Iron County DHS v. N.H.-D., 2019AP1520, District 3, 2/12/20 (one-judge decision; ineligible for publication); case activity N.H.-D.’s claims that the termination of her parental rights violated various due process rights, but those claims are forfeited and undeveloped. Her claim of ineffective assistance of trial counsel is meritless. 

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Trial counsel’s failure to disclose officer’s mental health issues before plea wasn’t prejudicial

February 18, 2020

State v. Jacqueline A. Ziriax Anderson, 2018AP2410-CR, District 3, 2/11/20 (one-judge decision; ineligible for publication); case activity (including briefs) The state offered Anderson a deal: plead to OWI 2nd and it would recommend the minimum mandatory penalties. The state made that offer because the arresting officer had resigned from the department due to some “mental […]

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SCOW: defendant didn’t forfeit sentencing claim by failing to object during sentencing

February 17, 2020

State v. Carrie E. Counihan, 2020 WI 12, 2/13/20 modifying and affirming an unpublished court of appeals decision, 2017AP2265; case activity (including briefs) This case is the companion to State v. Coffee, which, though argued on the same day, came out a few weeks earlier and failed, in particularly confusing fashion, to announce any binding […]

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