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Published 2015

State v. Courtney E. Sobonya, 2015 WI App 86; case activity (including briefs) Sobonya launched a creative challenge to the denial of her §973.015 request for expungement.  The court had held that while she would benefit from expungement, society would be harmed by the reduced deterrent effect of her sentence.  So Sobonya moved for sentence… Read More

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State v. David Jerome Gant, 2015 WI App 83; case activity (including briefs) Ten months after seizing Gant’s computer as part of their investigation of the death of Gant’s wife, police searched the computer pursuant to a warrant and found child pornography. Assuming it was unlawful for the police to keep Gant’s computer for that long, the… Read More

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State ex rel. Rockie L. Douglas v. Brian Hayes, 2015 WI App 87; case activity (including briefs) Douglas’s probation was improperly revoked based on his refusal to answer his probation agent’s inquiry about Douglas’s suspected involvement in various criminal activities while on probation because he was not sufficiently informed, prior to his refusal, that he had… Read More

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State v. Timothy L. Finley, Jr., 2015 WI App 79, petition for review granted, 1/11/16, affirmed, 2016 WI 63; case activity (including briefs) In an important decision addressing how to apply State v. Taylor, 2013 WI 34, 347 Wis. 2d 30, 829 N.W.2d 482, the supreme court’s recent muddling of plea withdrawal standards, the court of… Read More

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State v. Christopher J. Oatman, 2015 WI App 76; case activity (including briefs) The statute prohibiting a registered sex offender from intentionally photographing a minor without parental consent, § 948.14, violates the First Amendment because it “indiscriminately casts a wide net over expressive conduct protected by the First Amendment ….” (¶18, quoting State v. Stevenson, 2000 WI… Read More

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State v. Ryan H. Tentoni, 2015 WI App 77; case activity (including briefs) Tentoni does not have an objectively reasonable expectation of privacy in the text messages delivered to another person’s phone and therefore can’t seek to suppress the text messages and other subsequently obtained phone records as fruit of the government’s illegal search of the phone… Read More

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State ex rel. Christopher W. Baade v. Brian Hayes, 2015 WI App 71; case activity (including briefs) Section 973.155(4) says that sentence credit granted to inmates serving sentences of one year or less in a county jail or a house of correction “shall include earned good time….” That language doesn’t apply to inmates who are placed on probation and given… Read More

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Wisconsin Carry, Inc. & Thomas Waltz v. City of Madison, 2015 WI App 74, petition for review granted 1/11/16, reversed 2017 WI 19; case activity (including briefs) The state statute preempting certain local firearm regulations, § 66.0409(2), doesn’t apply to the rule prohibiting weapons on city buses adopted by the Madison Transit and Parking Commission. The plain… Read More

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