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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 […]
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!
State v. Pierre Deshawn Johnson, 2018AP595-CR, 2/12/19, District 1 (not recommended for publication); case activity (including briefs) Johnson pled to operating a vehicle with a suspended license and injury by operating under the influence of a controlled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 […]
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 […]
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 […]
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?
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.
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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