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Police didn’t unreasonably execute warrant for blood draw

State v. William Lawrence Bonfiglio, 2019AP188-CR, District 4, 10/22/20 (one-judge decision; ineligible for publication); case activity (including briefs) Police immobilized Bonfiglio because they thought he was going to resist the blood draw authorized under the search warrant they had obtained. The court of appeals rejects Bonfiglio’s claims this constituted an unreasonable execution of the warrant.

October 25, 2020

Challenges to sexual assault conviction rejected

State v. Nathan J. Friar, 2019AP1578-CR, District 4, 10/22/20 (not recommended for publication); case activity (including briefs) Friar challenges his conviction for sexual assault by use of force, claiming the circuit court erroneously admitted certain evidence and that his trial lawyer was ineffective. The court of appeals rejects his challenges.

SCOW to review claim for malicious prosecution of a TPR action

Cheyne Monroe v. Chad Chase, 2019AP1918, certification granted 10/21/20; case activity (including briefs) Issue for review (derived from the COA’s certification) One of the elements of a claim for malicious prosecution is that the baseless prior action must have terminated in favor of the party asserting malicious prosecution.  The issue is whether this element is […]

October 22, 2020

SCOW to decide constitutional challenge regarding the continuing CHIPS ground for a TPR

Eau Claire County DHS v. S.E., 2019AP894, review of  published opinion granted 10/21/20, case activity. When the court orders a child in need of protection or services (“CHIPS”) placed outside the family home, a parent’s rights may be terminated if he or she fails to meet the conditions for the child’s return in the timeframe […]

COA clarifies when Chapter 51’s 72-hour clock begins for persons detained on criminal charges

Columbia County v. J.M.C., Jr., 2020AP1001, District 4, 10/22/20 (1-judge opinion, ineligible for publication); case activity J.M.C. was taken to jail on possible criminal charges. Two days later, the County filed a Chapter 51 petition for his commitment.  Section 51.20(7) provides that the circuit court must hold a probable cause hearing within 72 hours of […]

Driver’s failure to refuse or submit to a chemical breath test is an unlawful refusal

Washington County v. Kelly L. Springer, 2020AP491, 10/21/20, District 2 (1-judge opinion, ineligble for publication); case activity (including briefs) After being stopped for a suspected OWI, Springer failed field sobriety tests and his preliminary breath test showed a .18% blood alcohol content. A sheriff read the Informing the Accused form and asked if he would […]

SCOW will (yet again) consider implied-consent law, good faith, possibly exigency

State v. Dawn M. Prado, 2016AP308, cross-petitions for review of a published court of appeals decision granted 10/21/20; case activity (including briefs and, now, PFRs!) You’ve heard this one before. Here’s our post on the court of appeals decision, which struck down the unconscious-driver provisions of the implied-consent statute but nevertheless declined to suppress the […]

Court of Appeals certifies important cell phone search issues

State v. George Steven Burch, 2019AP404-CR, District 3 (10/20/20); case activity (including briefs) Burch … contends the [Green Bay Police Department] and the [Brown County Sheriff’s Office] violated his Fourth Amendment rights in three ways: (1) the GBPD exceeded the scope of his consent to search his cell phone by downloading the phone’s entire contents, […]

October 20, 2020

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