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45. WI Court of Appeals

May 2019 publication list

On May 29, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Michael J. Scott, 2019 WI App 22 (the exclusionary rule applies to property forfeiture actions; but so does the good-faith exception) State v. Mose B. Coffee, 2019 WI App 25 (OWI arrest automatically permits a… Read More

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Village of McFarland v. Dale R. Meyer, 2018AP2130, 5/23/19, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Harsh! That’s best description for this court of appeals decision sanctioning Meyer for his pro se appeal of his first OWI. The decision runs afoul of Amek Bin- Rilla v. Israel, 113 Wis. 2d 514, 335 N.W… Read More

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State v. Dale Andrejczak, 2019AP285, 5/23/19, District 4 (1-judge opinion, ineligible for publication); case activity (including response brief only) Talk about disparate treatment. In a considered, respectful ruling against a different pro se appellant, the court of appeals here affirms a conviction for obstructing an officer out of deference to the circuit court’s credibility determinations… Read More

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State v. Kelly W. Brown, 2018AP2382-CR, Distrct 4, 5/23/19 (1-judge opinion, ineligible for publication); case activity (including briefs) Deputy Weinfurter stopped Brown because he thought that Brown’s car had 6 headlights illuminated on its front rather than the maximum of 4 allowed by §347.07(1). The stop led to an OWI 2nd charge. Brown moved to suppress… Read More

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Barron County DHHS v. S.R.T., 2018AP1574 & 1575, 5/22/19, District 3 (one-judge decision; ineligible for publication); case activity S.R.T. appeals the termination of his parental rights to his twin sons. He argues the court erroneously entered default judgments on grounds when he didn’t show up for a hearing, that the proceedings violated his right to… Read More

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State v. T.J.B., 2018AP2449, 5/22/19, District 2 (one-judge decision; ineligible for publication); case activity T.J.B. was charged as a juvenile with various drug and gun charges; he’d sold a little less than a pound of weed and was in possession of two handguns. (¶¶5-8). The State sought waiver into adult court. Whether to waive a… Read More

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State v. Traci L. Kollross, 2018AP931-CR, District 1, 5/21/19 (recommended for publication); case activity (including briefs) The circuit court held that the filing of a municipal court citation against Kollross for OWI 1st tolled the three-year statute of limitation for a criminal charge based on the same incident. The court of appeals disagrees and orders… Read More

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State v. Brett C. Basler, 2018AP2299-CR, District 2, 5/15/19 (one-judge decision; ineligible for publication); case activity (including briefs) Police entered Basler’s home looking for a driver suspected of hitting a Hardee’s® restaurant while operating while intoxicated. They didn’t have a warrant. There were no exigent circumstances. The entry was unlawful. The police walked up the front… Read More

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