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2. Bail/bond

In re the Finding of Contempt in: State v. Shafia M. Jones, 2107AP2359, District 2, 5/9/18 (UNCITABLE SUMMARY DISPOSITION); case activity (including appellant’s brief) This is a summary order, the holding of which may be of interest to trial lawyers. Because it is a summary order, it may NOT be cited “in any court of this state… Read More

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Pretrial detention can cause innocent defendants to plead guilty in order to get out of jail. This paper by three University of Pennsylvania Law School professors finds that the practice also increases the likelihood that detainees will commit future crimes, arguably violates a long list of constitutional rights, and costs taxpayers  lots of money. Looking… Read More

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State v. Ronald Terry, 2013AP1940-CR, District 2, 1/29/14; court of appeals decision (1-judge; ineligible for publication); case activity Terry was arrested and detained on a probation hold. (¶¶2, 5). About ten days later he was charged with obstructing and, on the same day, appeared in court for a probable cause and bail hearing. (¶3). He… Read More

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State v. Erwin D. Beckom, 2012AP159-CR and 2012AP160-CR, District 4, 3/7/14; court of appeals decision (1-judge, ineligible for publication); case activity The trial court properly applied bond posted in one case to a fine imposed in a different case even though the complaint in the case in which the bond was posted was dismissed: ¶9       … 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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Bail: as Satisfaction for Court-Ordered Costs

State v. Ryan E. Baker, 2005 WI App 45, PFR filed 3/17/05 For Baker: William E. Schmaal, SPD, Madison Appellate Issue/Holding: The plain text of § 969.02(6) mandates that bail money be used to satisfy court costs, with no room for discretionary return to the depositor rather than payment of costs, ¶¶7-9. This is a… Read More

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Bail: Forfeiture – Discretion

Barbara Melone v. State, 2001 WI App 13, 240 Wis. 2d 451, 623 N.W.2d 179For Melone: Theodore B. Kmiec III Issue: Whether the trial court properly exercised discretion in declining to set aside an order forfeiting bail, where the court indicated that it “always refuses to return [forfeited] bail money no matter what the circumstance,”… Read More

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State v. Oto Orlik, 226 Wis.2d 527, 595 N.W.2d 468 (Ct. App. 1999) For Orlik: Steven P. Weiss, SPD, Madison Appellate Holding: Trial court lacks authority, under §§ 969.01 & 969.03, to impose no-contact order as condition of bail for someone who remains incarcerated. However, the separate procedure authorized in § 940.47 may be utilized… Read More

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