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Published 2016

State v. Jason R. Cooper, 2016 WI App 63; case activity (including briefs) While a conviction for a motor vehicle offense can’t be used to establish a defendant’s repeater status under § 939.62, time a defendant spent in custody serving a sentence for a motor vehicle is still excluded when computing whether any prior convictions for… Read More

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State v. Ernesto E. Lazo Villamil, 2016 WI App 61, petitions for review and cross-review granted 1/9/2017, affirmed 2017 WI 74, ; case activity (including briefs) Lazo Villamil was convicted and sentenced for operating after revocation and causing death under § 343.44, one of the provisions of which says that the offense is both a misdemeanor and a… Read More

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How to authenticate a text message

State v. Giancarlo Giacomantonio, 2016 WI App 62; case activity (including briefs) This is Wisconsin’s first published decision about how parties are to authenticate photographs of text messages so that they are admissible at trial.  The answer is the same way they authenticate other kinds of evidence–via §909.01 and §909.015. Nothing more is required. At Giacomantonio’s trial… Read More

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Unity Bayer v. Brian D. Dobbins, M.D., 2016 WI App 65; case activity (including briefs) We note this decision in a civil case because it involves the application of the Daubert test, a still relatively undeveloped area of law, and may assist practitioners in making arguments for (or against) the admission of expert evidence. The circuit court excluded… Read More

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State v. Lewis O. Floyd, Jr., 2016 WI App 64, petition for review granted 1/9/2017, affirmed, 2017 WI 78; case activity (including briefs) Police found drugs on Floyd after they searched him during a traffic stop. Floyd claims the traffic stop was extended beyond what was necessary to issue the citations he was given and that he… Read More

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State v. James D. Heidke, 2016 WI App 55; case activity (including briefs) The state charged Heidke with one count of use of a computer to facilitate a child sex crime. Heidke moved to dismiss the penalty enhancer in §939.617(1) because it violates the Equal Protection Clause of the Fourteenth and Eighth Amendments in that it… Read More

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State v. Antonio D. Barbeau, 2016 WI App 51; case activity (including briefs) Barbeau killed his great-grandmother when he was 14 years old, and eventually pled no contest to first-degree intentional homicide, which carries an automatic life sentence. When imposing such a sentence, the court must make a decision as to extended supervision: it can either… Read More

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State v. Karl L. Quigley, 2016 WI App 53; case activity (including briefs) Karl Quigley confessed to sex offenses during an interrogation by a police detective, and later confessed to additional offenses while being questioned by his probation officer. The court of appeals rejects his Miranda challenge to his initial confession, but agrees that the… Read More

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