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SCOW will review more constitutional challenges to ch. 51’s recommitment scheme

Waupaca County v. K.E.K., 2018AP1887, petition for review of an unpublished court of appeals decision granted 7/24/20; case activity Issues presented: Did the circuit court lose competency to conduct a recommitment hearing because the County did not file the evaluation of K.E.K. at least 21 days before the expiration of her commitment, as required by […]

July 26, 2020

Dog Days Hiatus

  On Point is taking a short, well-deserved (or at least greatly needed) hiatus for some R & R during these dog days of summer. We know those dogs will be happy we have some more time to spend with them! See you in August.

July 24, 2020

Allegations in complaint provided sufficient factual basis for guilty pleas to invasion of privacy charges

State v. Jeffrey T. Ziegler, 2019AP858-CR & 2019AP859-CR, District 4, 7/23/20 (one-judge decision; ineligible for publication); case activity (including briefs) To commit invasion of privacy in violation of § 942.08(2)(d), a person must, among other things, look into another’s dwelling “for the purpose of sexual arousal or gratification….” § 942.08(2)(d)1. Contrary to Ziegler’s claim, the […]

Court of Appeals affirms denial of ch. 980 discharge petition without a trial, but does not clarify legal standard

State v. Rodney Timm, 2019AP1922, District 3, 7/21/20 (not recommended for publication); case activity (including briefs) If you handle ch. 980 cases you know that 2013 Wis. Act 84 changed the legal standard under § 980.09 for determining whether a person committed under ch. 980 is entitled to a discharge hearing. But you don’t know […]

Defendant is denied a new trial, but wins resentencing

State v. Bobby L. McNeil, 2019AP467-CR & 2019468-CR, District 1, 7/21/10 (not recommended for publication); case activity (including briefs) McNeil was convicted of drug offenses, obstructing, and bail jumping after a trial in two consolidated cases. His challenges to the joinder of the cases and to various evidentiary issues are rejected, but he prevails on […]

July 23, 2020

Postconviction DNA analysis request was properly denied

State v. Antonio L. Simmons, 2018AP591-CR, District 1, 7/21/20 (not recommended for publication); case activity (including briefs) Twenty years ago Simmons was convicted of three counts of recklessly endangering safety for shooting into a car carrying three people, one of whom Simmons had been fighting with in a bar shortly before the shooting. The court […]

Video testimony and the Confrontation Clause

In a case that may bear on the potential use of videoconferencing at criminal trials as the COVID-19 pandemic grinds on, the Tennessee Court of Appeals, in State v. Dennis Lee Seale, invalidated a trial court’s order allowing the prosecution’s out-of-state witnesses to testify using teleconferencing technology.

July 22, 2020

Tip, observations provided reasonable suspicion for traffic stop

State v. Michael Thomas Martell, 2019AP927-CR, District 3, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs) An officer located and started following Martell’s SUV after getting dispatchers relayed a tip describing a vehicle driving erratically. What the officer saw provided reasonable suspicion for a traffic stop.

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