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1. Appeals

State v. Carrie E. Counihan, 2017AP2265-CR, petition for review granted 5/14/19, and State v. Donavinn Coffee, 2017AP2292-CR, petition for review granted 5/14/19; case activity (Counihan; Coffee) Issues: Does a defendant forfeit his right to challenge a judge’s consideration of information at sentencing by failing to object to the information at the time of sentencing? If trial… Read More

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Waukesha County v. W.E.L., 2018AP1486, District 2, 5/15/19 (one-judge decision; ineligible for publication); case activity While W.E.L.’s challenge to his initial six-month-long commitment and medication orders was pending, both orders were extended by stipulation for 12 months. He didn’t challenge the extension, so his appeal of the initial orders is moot. W.E.L. moved for postdisposition… Read More

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State v. Danny L. Waters, 2018AP1455, District 4, 5/2/19 (one-judge decision; ineligible for publication); case activity (including briefs) The argument Waters made at his refusal hearing wasn’t sufficiently clear to preserve the issue for appeal. Waters refused a blood test after being arrested for OWI in his home. He argues his license shouldn’t be revoked… Read More

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State v. Sean R. Wolfe, 2018AP2268-CR and State v. Donald Ray Ward, 2018AP2405-CR, 5/1/19, District 2 (per curiam but recommended for publication); case activity here and here . ¶1  We hold that under established principles of finality, when a circuit court denies a RULE 809.30 postconviction motion in part and grants the motion in part such… Read More

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State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But… Read More

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State v. Robert James Pope, Jr., 2017AP1720-CR, petition for review granted 4/9/19; case activity (including briefs) Issues: Where no transcripts of a jury trial occurring over 20 years ago are available in a direct appeal and appellate counsel is new to the case, does application of  State v. Perry’s requirement that appellant assert a “facially… Read More

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State v. Edward L. Branson, 2018AP873-CR, 3/21/19, District 4 (not recommended for publication); case activity (including briefs) Branson was convicted of possession with intent to deliver methamphetamine. He argued that his lawyer was ineffective for failing to object to an officer’s testimony comparing his behavior to that of the passenger in his car where a bag… Read More

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State v. Daniel W. Morse, 2018AP1293-CR, District 1, 3/19/19 (one-judge decision; ineligible for publication); case activity (including briefs) Morse challenges his convictions for three counts of misdemeanor theft by embezzlement, but the court of appeals holds he’s waived his challenges by pleading guilty. Morse, a lawyer, was the personal representative of an estate, and used… Read More

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