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SCOW holds ch. 51 commitment not moot but affirms on the merits

February 17, 2020

Marathon County v. D.K., 2020 WI 18, 2/4/2020, affirming an unpublished court of appeals decision; 2017AP2217; (case activity) The caption is the most confusing part of this opinion: ZIEGLER, J., delivered the majority opinion of the Court with respect to Parts I., II., III., IV.A., IV.B., and IV.C.1, in which ROGGENSACK, C.J., REBECCA GRASSL BRADLEY, […]

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Circuit court erred in admitting video statements of children under § 908.08

State v. Angel Mercado, 2018AP2419-CR, District 1, 2/4/20 (recommended for publication); case activity (including briefs) The court of appeals orders a new trial for Mercado on the grounds the circuit court erred in admitting the video statements of three children who accused him of sexually assaulting them. The circuit court didn’t comply with the requirements […]

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Ban on firearm silencers is constitutional

State v. Thomas Michael Barrett, 2018AP2324-CR, District 1, 2/4/20 (recommended for publication); case activity (including briefs) The court of appeals rejects Barrett’s facial and void-for-vagueness challenges to Wisconsin’s prohibition on firearm silencers, § 941.298.

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Consent to draw blood was voluntary

State v. Justin T. Kane, 2018AP1885-CR, District 4, 2/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) Kane’s consent to a blood draw after his arrest for OWI was voluntary under all the circumstances.

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SCOW expands municipal court jurisdiction, curbs collateral attacks on OWIs

February 13, 2020

City of Cedarburg v. Ries B. Hansen, 2020 WI 11, 2/11/19 (on bypass of the court of appeals); case activity (including briefs) Municipal courts have subject matter jurisdiction over ordinance violations (e.g. an OWI 1st), and circuit courts have subject matter jurisdiction over misdemeanors and felonies (e.g. an OWI 2nd or subsequent). In this 4-3 […]

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Seventh Circuit’s rare habeas grant notes COA misapplication of Strickland and upbraids state for false claims about the record

February 9, 2020

Terez Cook v. Brian Foster, Warden, 7th Circuit Court of Appeals No. 18-2214, 1/29/2020 Pursuing a federal writ of habeas corpus is always a long shot; in non-capital cases fewer than 1% of petitions are successful. Terez Cook gets it done here, convincing the Seventh Circuit his lawyer was ineffective at his trial for a […]

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SCOW: Precedent? What precedent? ¯\_(ヅ)_/¯

State v. Anthony James Jendusa, 2018AP2357-CRLV, review of a decision of the court of appeals denying the state’s petition for leave to appeal; case activity Before turning to the issues presented, we’ll start with an observation about how this case might seem to affect appellate litigation in all kinds of cases, civil and criminal.

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SCOW: Court commissioner shanks one far into the rough

Wisconsin Judicial Commission v. Kenneth W. Gorski, 2020 WI 5, imposing a public reprimand on a court commissioner; case activity Gorski, a part-time court commissioner, earns a public reprimand for failing to recuse himself from a case being handled by a lawyer who is a close friend and for his treatment of the pro se litigant in […]

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