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The 4th Amendment in the digital age

February 17, 2019

Last June in Carpenter v. United States, SCOTUS held that phone users have a 4th Amendment right to historical cell site location records. Prof. Orin Kerr has a new paper out about how to implement Carpenter. Click here.  But why stop reading there? You can also read Prof.  Alan Rozenshtein’s new paper on 4th Amendment […]

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Shaken baby/abusive head trauma prosecutions

Guess whose paper is one of the top 10 downloads on the Social Science Research Network’s Criminal Procedure e-journal? Professor Keith Findley’s Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Cases.  To be fair, Keith has many co-authors, but he is listed first!

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Victim’s failure to wear seatbelt doesn’t diminish OWI defendant’s culpability

State v. Pierre Deshawn Johnson, 2018AP595-CR, 2/12/19, District 1 (not recommended for publication); case activity (including briefs) Johnson pled to operating a vehicle with a suspended license and injury by operating under the influence of a controlled substance. His lead issue–whether the victim’s failure to wear a seatbelt was a significant intervening factor that diminished […]

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To prove misdemeanor bail jumping, State must show defendant was arrested, not charged, with a misdemeanor

State v. Melodie Cheree Taylor, 2018AP1953-CR, 2/14/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) In a misdemeanor prosecution under §946.49(1)(a) is the State required to prove that, before jumping bail, the defendant had been charged with a misdemeanor? Or may the State simply prove that the defendant had been released from custody […]

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SCOW to address municipal court’s subject matter jurisdiction over criminal OWI

February 13, 2019

City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs) Issue (from petition for bypass): City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to […]

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SCOW to decide whether an out-of-court identification using a single photo is a showup

February 12, 2019

State v. Stephan I. Roberson, 2017AP1894-CR, petition for review of per curiam opinion granted 2/12/19; case activity (including briefs) Issue (from the petition for review): Whether a pretrial out-of-court identification using a single photo is a showup and thus inadmissible at trial unless the State proves necessity under the totality of the circumstances?

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Attorney sanctioned for disclosing information in confidential child custody evaluation

Not in Wisconsin. In California. But when we say sanctioned we mean SANCTIONED–to the tune of $50,000. No typos. The lawyer asked questions about the confidential report during a deposition. Click here for more on that. Loose lips sink ships . . . and bank accounts.

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Court of appeals affirms extension of stop and OWI 4th for impairment from prescription medication

State v. James R. Mueller, 2018AP44-CR, 2/12/19, District 3 (1-judge opinion, eligible for publication); case activity (including briefs). Mueller conceded that an officer had reasonable suspicion to stop him. He argued that the officer extended the stop based on a “hunch” and that his FSTs results did not provide probable cause for arrest or sufficient […]

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