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Published 2019

March 2019 publication list

On March 27, 2019, the court of appeals ordered the publication of the following criminal law related cases: Timothy W. Miller v. Angela L. Carroll, 2019 WI App 10 (judge’s acceptance of litigant’s Facebook “friend” request created appearance of bias) State v. Kelly James Kloss, 2019 WI App 13 (Defense win on soliciting reckless injury… Read More

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Winnebago County v. C.S., 2016AP1982, 3/27/19, District 2 (recommended for publication); case activity C.S., a mentally ill prisoner committed pursuant to §51.20(1)(ar), challenged the constitutionality of §51.61(1)(g) on its face and as applied because it allowed the government to medicate him against his will without finding him dangerous first. In a published decision, the court… Read More

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Brown County Human Services v. B.P and T.F. 2018AP1259, 2018AP1278, 3/1/19, recommended for publication; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than… Read More

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State v. Kelly James Kloss, 2019 WI App 13; case activity (including briefs) Bad news first: Addressing an issue of first impression, the court of appeals held that Wisconsin now recognizes the crime of solicitation of 1st degree reckless injury. Good news: Solicitation of 1st degree recklessly endangering safety is a lesser included offense of… Read More

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Timothy W. Miller v. Angela L. Carroll, 2019 WI App 10; case activity (including briefs) After a contested hearing between Miller and Carroll about custody and physical placement of their child, and before issuing a decision, the circuit judge accepted a Facebook “friend” request from Carroll. Miller argued the circuit court demonstrated objective bias by… Read More

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State v. Jeninga, 2019 WI App 14; case activity (including briefs) Jeninga asserted that he would not have pled guilty to a weak child sexual assault charge if his trial counsel had filed an obvious motion to suppress child porn on his cell phone. Trial counsel, who missed the suppression issue, testified that the child porn… Read More

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January 2019 publication list

On January 31, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Autumn Marie Love Lopez & Amy J. Rodriquez, 2019 WI App 2 (retail theft charges can be aggregated under § 971.36) State v. Alexander M. Schultz, 2019 WI App 3 (addressing double jeopardy challenges to… Read More

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State v. Alexander M. Schultz, 2019 WI App 3, petition for review granted 4/9/19; case activity (including briefs) Addressing an issue of first impression in Wisconsin, the court of appeals holds that to ascertain the scope of the double jeopardy bar against a successive prosecution when the charging language of the prior case is ambiguous, a… Read More

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