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SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

October 17, 2019

State v. Courtney C. Brown, 2017AP774, petition for review granted 10/15/19 case activity (including links to briefs) Issues (petition for review) Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose? As explained in our post on the court of appeals’ decision, an officer stopped Brown’s car, noticed he wasn’t wearing a seat belt, […]


Inside the “most incarcerated” zip code in the country

You know what it is: 53206, a heavily African American neighborhood north of downtown Milwaukee. The New Republic just published an article about how it came to be the “most incarcerated” zip code.    Read it here. 


Traffic stop for flashing high beams within 500 feet of approaching car was reasonable

State v. Jamie Ellin Grimm, 2019AP789-Cr, District 2, 10/16/19 (1-judge opinion, ineligible for publication), case activity (including briefs) When a driver approaches an oncoming car within 500 feet,  §347.12(1)(a) requires her to “dim, depress or tilt” her high beams so that “glaring rays” aren’t directed into the eyes of the approaching driver. It is undisputed […]


Are mandatory minimum sentences unconstitutional?

October 13, 2019

Charging as Sentencing, a recent article by Professor Donald Dripps at the University of San Diego Law School, contends that they are. Consider the possibilities.


Defense win! 72-hour filing deadline for revoking NGI conditional release is mandatory

October 11, 2019

State v. Larry W. Olson, 2018AP1075 & 1076, 10/8/19, District 3 (recommended for publication); case activity (including briefs) Olson and the state resolved some felony counts with an agreement that he’d plead not guilty by reason of mental disease or defect. The court found him NGI and committed him for 19 years, placing him on […]


Termination of parental rights affirmed despite missing findings on best interests of the child

Dane County v. T.R., 2019AP1336-1338, 10/10/19, District 4 (1-judge opinion, ineligible for publication); case activity This is a confidential case, so we don’t know what the briefs argue or the record shows. However, it seems the circuit court failed to make the findings essential to its order terminating T.R.’s parental rights to her 3 children, […]


A stitch in time saves nine

October 8, 2019

State v. Marcus Demond Anderson, Sr., 2018AP2016-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs) At the start of his sentencing hearing Anderson lodged a complaint against his lawyer, which the judge blithely ignored. (¶¶2-4). Do over, says the court of appeals.


Ineffective assistance, newly discovered evidence claims fail

State v. Robert C. Washington, 2018AP1771-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs) Washington was convicted of first degree reckless homicide and first degree reckless injury for shooting his two sons, killing one and injuring the other. He argues his lawyer was ineffective for advising him to plead without discussing possible […]


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