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COA: “Do you think that is a manly thing to do” didn’t reflect improper sentencing factor of gender

January 23, 2020

State v. Edward L. Body, Sr., 2019AP836, 1/22/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Body appeals the sentence he received after the revocation of his probation. He claims the circuit court erred in considering his gender and unproven allegations contained in the PSI. He also argues the sentence–one year in […]

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Circuit court was wrong about the availability of a defense to charges of violating § 301.45

January 22, 2020

State v. George E. Savage, 2019AP90-CR, District 1, 1/22/20 (not recommended for publication); case activity (including briefs) Savage pleaded guilty to violating the sex offender registry statute for not providing updated information about where he was residing. He moved to withdraw his plea, asserting his trial lawyer was ineffective for failing to advise him he […]

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“True threat” instruction wasn’t needed at disorderly conduct trial

State v. Kaprisha E. Greer, 2019AP806-CR, District 1, 1/22/20 (one-judge decision; ineligible for publication); case activity (including briefs) Greer seeks a new trial in the interest of justice on the ground that the jury at her disorderly conduct trial should have been instructed about the meaning of “true threat” because the state elicited evidence about […]

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COA finds no IAC in TPR: advice to plead to grounds was reasonable

Kenosha County DHS v. M.M.B., 2019AP1776 & 1777, 1/22/20, District 2 (one judge decision; ineligible for publication); case activity M.M.B. is the father of two children, each of whom has a serious genetic disorder that threatens normal brain growth and function. The disorder can’t be cured but it can be controlled by adherence to a […]

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SCOW to address lifetime ban on firearms for felons and guilty plea waiver rule

January 15, 2020

State v. Leevan Roundtree, 2018AP594-CR, review of per curiam opinion granted, 1/14/20; case activity Issues: 1. Section 941.29(2) prohibits any person convicted of a felony—even if it doesn’t involve physical violence–from possessing firearms the rest of his life. Is this statute unconstitutional as applied to a person convicted of failure to pay child support? 2. […]

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SCOW to address false confession experts, involuntary statements, and Miranda custody

State v. Dobbs, 2018AP319-CR, petition for review of a per curiam opinion granted 1/14/20; case activity (including briefs) Issues (based on Dobbs’ petition for review and SCOW’s order granting review: 1. Did the trial court err in precluding the defense’s expert on false confessions from testifying where, consistent with State v. Smith, 2016 WI App 8, […]

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Defense win on plea withdrawal! Circuit court failed to advise of maximum fine.

January 14, 2020

State v. Matthew Curtis Sills, 2018AP1052-CR, District 1, 1/14/20 (not recommended for publication); case activity (including briefs) The State initially Sills with 1st degree child sexual assault, but then amended the charge twice. Ultimately, Sills pled to 2nd degree sexual assault of a child. Before he was sentenced, he moved to withdraw his plea arguing, […]

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Does homelessness warrant a Chapter 51 mental commitment?

Milwaukee County v. E.C.H., 2019AP772, District 1, 1/14/20, (1-judge opinion; ineligible for publication); case activity This appeal asks: Is evidence of homelessness, by itself, sufficient to prove that a person is dangerous to himself or will become dangerous if treatment is withdrawn? And the answer is . . . we don’t know. Hiding behind the […]

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