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April/May 2020 publication list

On May 27, 2020, the court of appeals ordered the publication of the following cases decided in April and May (as there was no April publication list):

May 27, 2020

COA: no seizure where cop pulled up behind parked car, shined “disabling” spotlight on recent occupant

State v. Donald Simon Mullen and County of Waukesha v. Donald Simon Mullen, 2019AP1187 & 2019AP1188, 5/20/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Mullen pulled his car into a bar parking lot around 1:30 a.m. and a passing officer took interest. He pulled into the lot also, and parked behind […]

Defense win! Circuit court erred in denying Machner hearing

State v. Tammy Genevieve Hardenburg, 2019AP1399-CR, 5/27/20, District 1; case activity (including briefs) At Hardenburg’s OWI trial, the court admitted three blood test reports by three different analysts, but only one of them testified. Hardenburg argued that the testifying analyst served as a conduit for the opinions by the other two in violation of the […]

Attorney’s license suspended in part for failing to give client file to successor counsel

Lawyers appointed to take State Public Defender cases are often asked to transfer their client files to successor counsel. SCOW just suspended one lawyer’s license for 5 months partly because he failed to turn over a client file, which hampered successor counsel’s representation. Read OLR v. Peter J. Kovac. This is a good reminder that our […]

Defense win! COA affirms suppression of confession given after polygraph exam

State v. Adam W. Vice, 2018AP2220-CR, 5/19/20, District 3 (recommended for publication); case activity (including briefs) This is a “recommended for publication”, split court of appeals opinion where the State lost in a child sexual assault case. In other words the State will surely petition for review, and SCOW will take it. Applying State v. […]

May 26, 2020

SCOW issues additional orders regarding court operations

On May 22, the supreme court issued new orders addressing trial and appellate court operations as the state begins to “re-open” from the restrictions aimed to limit the spread of Covid-19.

May 25, 2020

SCOW to review admission of video statements by children and the forfeiture doctrine

State v. Angel Mercado, 2018AP2419-CR, petition for review of a published decision granted 5/19/20; case activity Issues (from the State’s petition for review): 1.  Did the court of appeals contravene §901.03(1)(a) when it directly reviewed Mercado’s forfeited challenges to the admission of the victims’ forensic interview videos into evidence? 2.  Did the circuit court court […]

Defense win! Landlord’s conviction for failure to return security deposits reversed

State v. Troy R. Lasecki, 2018AP2340-CR, 5/19/20, District 3 (recommended for publication); case activity (including briefs) Wonders never cease. The State charged Lasecki with 2 counts of failure to return security deposits to tenants in violation of Wis. Admin Code. §ATCP 134.06(2) and §§100.20(2) and 100.26(3)(2013-3104). Lasecki proceeded pro se at trial, and a jury […]

May 24, 2020

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