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B. Published opinions

State v. Nhia Lee, 2019AP221-CR, District 3, 1/20/21, (recommended for publication), case activity (including briefs) This is an important decision for areas of Wisconsin where there is a shortage of defense lawyers. In 2018, when the private bar rate was $40, Lee was charged with felonies in Marathon County and then held for 101 days… Read more

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State v. Todd N. Trieblod, 2019AP1209-CR, 1/20/21, District 3 (recommended for publication); case activity (including briefs) Triebold was convicted of child sexual assault in Wisconsin and subject to lifetime sex offender registration. He moved to Minnesota and notified the Wisconsin DOC of his address. But he moved again and failed to notify either Wisconsin or… Read more

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December 2020 publication list

On December 23, 2020, the court of appeals ordered publication of the following criminal law related case: State v. Jack B. Gramza, 2020 WI App 81 (mandatory minimum for OWI trumps SAP early release requirement)… Read more

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State v. Thomas A. Nelson, 2019AP194-CR, 12/9/20, District 2 (recommendation for publication); case activity (including briefs. This split court of appeals opinion, which is recommended for publication, has “petition granted” written all over it.  Crawford v. Washington, 541 U.S. 36, 68 (2004) held that a trial court violates a defendant’s right to confrontation when it… Read more

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November 2020 publication list

On November 19, 2020, the court of appeals ordered the publication of the following criminal law related decisions: State v. Manuel Garcia, 2020 WI App 71 (voluntary statement obtained in violation of Miranda can’t be used in state’s case-in-chief—period) State v. Alan S. Johnson, 2020 WI App 73 (“Marsy’s Law” gives alleged victim standing to… Read more

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State v. Jack B. Gramza, 2020 WI App 81; case activity (including briefs) If an inmate serving the initial confinement (IC) portion of a bifurcated sentence completes the Substance Abuse Program (SAP), § 302.05(3)(c)2. mandates that the sentencing court “shall” modify the inmate’s sentence by converting the remaining period of IC to extended supervision (ES)… Read more

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State & T.A.J. v. Alan S. Johnson, 2020 WI App 73; case activity (including briefs) This is the first of what will likely be a series of appellate court decisions that re-make criminal litigation in light of “Marsy’s Law,” the recently-passed crime victims’ rights amendment to Article I, § 9m, of the Wisconsin constitution. Johnson… Read more

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October 2020 publication list

On October 29, 2020, the court of appeals ordered the publication of the following criminal law related opinions: State v. Nathaniel R. Lecker, 2020 WI App 65 (overdose aider immunity statute didn’t apply the day after 911 call) State v. Peter J. King, 2020 WI App 66 (upholding severe restrictions on internet use during supervised… Read more

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