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COA finds no IAC in TPR: advice to plead to grounds was reasonable

January 22, 2020

Kenosha County DHS v. M.M.B., 2019AP1776 & 1777, 1/22/20, District 2 (one judge decision; ineligible for publication); case activity M.M.B. is the father of two children, each of whom has a serious genetic disorder that threatens normal brain growth and function. The disorder can’t be cured but it can be controlled by adherence to a […]

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SCOW to address lifetime ban on firearms for felons and guilty plea waiver rule

January 15, 2020

State v. Leevan Roundtree, 2018AP594-CR, review of per curiam opinion granted, 1/14/20; case activity Issues: 1. Section 941.29(2) prohibits any person convicted of a felony—even if it doesn’t involve physical violence–from possessing firearms the rest of his life. Is this statute unconstitutional as applied to a person convicted of failure to pay child support? 2. […]

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SCOW to address false confession experts, involuntary statements, and Miranda custody

State v. Dobbs, 2018AP319-CR, petition for review of a per curiam opinion granted 1/14/20; case activity (including briefs) Issues (based on Dobbs’ petition for review and SCOW’s order granting review: 1. Did the trial court err in precluding the defense’s expert on false confessions from testifying where, consistent with State v. Smith, 2016 WI App 8, […]

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Defense win on plea withdrawal! Circuit court failed to advise of maximum fine.

January 14, 2020

State v. Matthew Curtis Sills, 2018AP1052-CR, District 1, 1/14/20 (not recommended for publication); case activity (including briefs) The State initially Sills with 1st degree child sexual assault, but then amended the charge twice. Ultimately, Sills pled to 2nd degree sexual assault of a child. Before he was sentenced, he moved to withdraw his plea arguing, […]

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Does homelessness warrant a Chapter 51 mental commitment?

Milwaukee County v. E.C.H., 2019AP772, District 1, 1/14/20, (1-judge opinion; ineligible for publication); case activity This appeal asks: Is evidence of homelessness, by itself, sufficient to prove that a person is dangerous to himself or will become dangerous if treatment is withdrawn? And the answer is . . . we don’t know. Hiding behind the […]

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SCOW again can’t decide the law; declares truth unknowable; two votes missing

January 13, 2020

State v. Donavinn D. Coffee, 2020 WI 1, 1/9/20, 2017AP2292, affirming a per curiam court of appeals opinion; case activity (including briefs) Where to begin?

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Court of appeals addresses bail, bonds and multiplicity of bail jumping charges

State v. Kenneth J. Heinrich, 2018AP2124-CR, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity (including briefs). Heinrich moved to withdraw his guilty plea on the grounds that his bail-jumping charges lacked a factual basis and were multiplicitous. His motion and subsequent appeal failed.

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Court of appeals finds factual basis for plea to contempt

State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs) Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous.

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