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Published 2021

State v. Joseph G. Green, 2020AP298-CR, 2/25/21, District 4 (recommended for publication); case activity (including briefs) SCOW recently declared parts of §971.14 unconstitutional. See State v. Fitzgerald,  2019 WI 69, 387 Wis. 2d 384, 929 N.W.2d 165 and our post here. The statute allowed the government to administer unwanted antipsychotic medication to a defendant to… Read more

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February 2021 publication list

On February 24, 2021, the court of appeals ordered publication of the following criminal law related cases: State v. C.G., 2021 WI App 11 (rejecting claim of First Amendment interest in legal name change sought by transgender person) State v. Nhia Lee, 2021 WI App 12 (charges dismissed due to delay in appointing counsel) State… Read more

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State v. Westley D. Whitaker, 2020AP29-CR, 2/4/21, District 4, (recommended for publication); case activity (including briefs) This appeal raises a hot-button issue likely to interest SCOW. Just last year an investigative journalist reported that Amish communities do not report sexual assaults of children to social workers or police. Parents and church elders strive to address… Read more

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State v. C.G., 2021 WI App 11; case activity Ella–a pseudonym–was adjudicated delinquent for a sexual assault committed when she was 15. Ella’s legal name is masculine in association; during her juvenile disposition she was transitioning to a female identity. In this appeal she challenges the circuit court’s refusal to stay sex offender registration under… Read more

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January 2021 publication list

On January 27, 2021, the court of appeals ordered the publication of the following criminal law related decisions: State v. Thomas A. Nelson, 2021 WI App 2 (a new Confrontation Clause exception for nurse’s “Sexual Abuse Evaluation”) Jama I. Jama v. Jason C. Gonzalez, 2021 WI App 3 (criminal malpractice plaintiff needs to prove his… Read more

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State v. Nhia Lee, 2021 WI App 12, 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 without counsel while… Read more

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State v. Todd N. Triebold, 2021 WI App 13; 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 Minnesota of his… Read more

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State v. Benjamin J. Klapps, 2021 WI App 5; case activity (including briefs) The circuit court granted the state’s petition to revoke Klapps’s conditional release under § 971.17(3)(e), citing in particular the report of a prior examiner who didn’t testify at the revocation hearing and whose report wasn’t entered into evidence. (¶¶2-13). Klapps argued the… Read more

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