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8. Discretionary decision

E.C. v. Susan Krueger, 2015AP2196, 12/13/16, District 1 (not recommended for publication); case activity E.C., an elderly woman with Alzheimer’s, planned for her future while she was still competent. She named her son, G.C., as her power of attorney for finances and health care. After she became incompetent, her family began fighting about her care… Read More

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State v. F.B., 2016AP497, 11/1/16, District 1 (one-judge decision; ineligible for publication); case activity F.B. seeks reversal of the circuit court’s denial of a permanent stay of his obligation to register. No briefs are available and it is difficult to tell what his argument might have been; in any case the court of appeals holds… Read More

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State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity This case is noteworthy in 2 respects.  First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes.  And, second, the court of appeals complimented a… Read More

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State v. Juan Angel Orengo, 2011AP137, District 1, 2/28/12 court of appeals decision (not recommended for publication); for Orengo: Robert R. Henak; case activity Counsel’s failure to attempt severance, from a drug charge, of a felon-in-possession-of-weapon count, didn’t amount to ineffective assistance. ¶8        Wisconsin law recognizes that guns and drug dealers go together.  See State v. Guy, 172 Wis. 2d 86… Read More

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State v. Joseph J. Wilcenski, 2013 WI App 21; case activity Conditions of pre-trial release – alcohol treatment and testing; constitutionality Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they… Read More

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Dismissal with Prejudice

State v. Leon A. Wedde, 2011AP130-CR, District 2, 1/11/12 court of appeals decision (1-judge, not for publication); pro se; case activity The trial court dismissed with prejudice the pending charge when the prosecutor was unable to proceed on the scheduled date. The State argues that dismissal should have been without prejudice, and the court of… Read More

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State v. Demian Hyden McDermott, 2012 WI App 14 (recommended for publication); for McDermott: Robert R. Henak, Amelia L. Bizzaro; case activity ¶9 n. 2: McDermott complains that the circuit court “erroneously exercised its discretion by its wholesale adoption of the State’s brief as its decision.”  (Most capitalization omitted.)  The sum total of the circuit court’s analysis in denying McDermott’s… Read More

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State v. Demian Hyden McDermott, 2012 WI App 14 (recommended for publication); for McDermott: Robert R. Henak, Amelia L. Bizzaro; case activity Sentencing Review – New Factor – Assistance to Law Enforcement  McDermott, convicted in 1991 of first-degree intentional homicide, ptac with a parole eligibility date of 35 years, seeks new-factor-based modification of his PED on… Read More

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