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Defense wrestles State into conceding Batson error, but doesn’t get new trial

August 21, 2019

State v. Patrick D. Zolliecoffer, 2018AP1639-CR, 8/20/19, District 1 (not recommended for publication); case activity (including briefs) Zolliecoffer challenged two of the State’s peremptory strikes as racially based. On appeal, the State conceded that the circuit court failed to apply the 3-step procedure for analyzing Batson claims, which On Point recently explained here.  Zolliecoffer urged […]


Statements driver made before arrest admissible; so was retrograde extrapolation testimony

State v. Christopher J. Durski, 2018AP1750-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs) Durski was arrested at a motel, where he had decamped after a family dispute. In investigating the family dispute police learned Durski drank alcohol before leaving for the motel, so they tracked him down. Durski wasn’t in […]


Man bites dog!

State v. Robert L. Kavalauskas, 2019AP610-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs) And court finds reasonable suspicion to stop and detain driver to investigate OWI!


Challenges to armed robbery conviction and sentence rejected, but sentence credit granted

August 20, 2019

State v. Sean N. Jones, 2018AP948-CR, District 3, 8/20/19 (not recommended for publication); case activity (including briefs) Jones makes various challenges to his conviction and sentence for being to party to the crime of armed robbery. The court of appeals rejects all of his claims except the last one, involving sentence credit.


COA: driver ordered out of car and interrogated wasn’t in Miranda custody

State v. Traci Busha, 2018AP1863, 8/20/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Ms. Busha’s car was stuck in a ditch on the outskirts of Superior. A responding police officer found her alone in the passenger seat. She had been drinking but said she hadn’t been driving; her boyfriend “Scott” had […]


SCOW will review whether time served on vacated sentence can go to valid one

August 19, 2019

State v. Richard H. Harrison Jr., 2017AP2440 & 2441-CR, cross-petitions for review granted 8/14/19; case activity We posted about the unpublished court of appeals decision; the basic scenario is that Mr. Harrison served his initial confinement on a couple of concurrent sentences, then began serving the initial confinement portion of some sentences that had been imposed consecutive to that first set […]


SCOW to decide standard for involuntarily administering antipsychotic medications to mentally ill prisoners

August 18, 2019

Winnebago County v. C.S., 2016AP1982, petition for review of a published court of appeals opinion granted 8/15/19; case activity Issue: Does Wis. Stat. §51.61(1)(g) violate substantive due process because it does not require a finding of dangerousness to involuntarily medicate a prisoner?


SCOW to review whether judge “friending” a litigant on Facebook created the appearance of bias

Timothy W. Miller v. Angela L. Carroll, petition to review a published court of appeals decision granted 8/14/19; case activity (including briefs) Issues (based on Carroll’s Petition for Review) Does a judge’s acceptance of one party’s Facebook “friend” request by itself overcome the presumption that a judge is fair, impartial, and capable of ignoring any biasing influences, given […]


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