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Defense win! SCOW unanimously holds towing and search of car not valid community caretaker action
State v. Alfonso Lorenzo Brooks, 2020 WI 60, 6/25/20, reversing a per curiam court of appeals decision, 2018AP1774, case activity (including briefs) The police stopped Brooks for speeding in Milwaukee. Specifically, they pulled him over to the side of a residential/commercial road. The police quickly learned Brooks had a suspended license and was a convicted […]
- B. Opinions
- C. Warrant unnecessary
- 4. Community caretaker
- 11. Defense Wins
- 2019-20 Term
- 35. Search & Seizure
- 45. WI Supreme Court
- Important Posts
June 28, 2020
Defense win! Life sentence is “substantially higher” than 25-year sentence for Bangert purposes
State v. Russell L. Wilson, 2019AP49, 6/23/20, District 3 (not recommended for publication); case activity (including briefs) Wilson was charged with repeated second-degree sexual assault of a child under Wis. Stats. §§ 948.02(2) and 948.025(1)(e). That’s a Class C felony carrying a max of 25 in and 15 out. But the state alleged that he […]
COA: Defendant was competent to self-represent despite claimed hallucinations
State v. Chad W. Kessler, 2019AP524, 6/23/20, District 3 (not recommended for publication); case activity (including briefs) Kessler went to trial on several counts, the most serious of which was burglary. Five days before trial was to begin, he asked to represent himself with his prior counsel as standby. The court granted the request after […]
COA upholds trial court’s rulings in OWI-first
County of Milwaukee v. Christann Spannraft, 2018AP1553 & 1554, 6/23/20, District 1 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) This is a pro se appeal of an OWI-1st conviction. Spannraft raises three claims, all of which are rejected.
SCOW continues Jensen saga, grants state’s rather thin petition
State v. Mark D. Jensen, 2018AP1952, petition for review of a summary court of appeals order granted 6/16/20; case activity Usually we do to the issues presented first. Here, they’re pretty insubstantial, so let’s just say what’s going on: the supreme court has intervened to (potentially) save a manifestly unconstitutional (and you don’t have to […]
- 1. Appeals
- A. Review Grants
- B. Federal
- D. Hearsay
- d. Law of the case
- 6. Confrontation, 6th Am.
- j. "Testimonial" Evidence
- K. Standards of Review
- '19-20
- 22. Habeas corpus
- 28. Weight of authority
- 45. WI Supreme Court
- Pending in SCOW
- Important Posts
June 24, 2020
COA attempts to clarify Chapter 51 recommitment standard
Winnebago County v. S.H., 2019AP2277-FT, 6/17/20, District 2 (recommended for publication); case activity The court of appeals rarely publishes opinions in “fast track” cases. It took that unusual step here. The opinion strives to show the type of evidence that is sufficient for a recommitment even though the mentally ill person has taken all of […]
- A. Ch. 51, Mental health
- B. Published opinions
- 2. Recommitment
- 3. Civil Commitments
- e. If treatment withdrawn
- Published 2020
- 46. WI Court of Appeals
- Important Posts
June 21, 2020
COA rejects defendant’s claim that he thought counsel decided whether to accept or reject plea offer
State v. Nathaniel Lee Mattson, 2019AP201-CR, 6/16/20, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Mattson pled guilty to domestic battery and disorderly conduct and moved to withdraw his pleas after sentencing. Argued that he did not realize that the decision as to whether accept a plea or go to trial was […]
Who needs examiner reports 48 hours before a Chapter 51 hearing?
Fond du Lac v. S.N.W., 2019AP2073, 6/17/20, District 2 (1-judge opinion, ineligible for publication); case activity We detect the unmistakable odor of SCOW bait. One of two court appointed medical experts failed to submit his examiner’s report within 48 hours before the final hearing for an original commitment of a prisoner. S.N.W. argued that this […]
- A. Ch. 51, Mental health
- A. Competence of trial court
- 1. Original commitment
- b. Time limits
- 3. Civil Commitments
- C. Unpublished Opinions
- 24. Jurisdiction
- 46. WI Court of Appeals
- Uncategorized
June 18, 2020
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