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Published 2020

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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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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State v. Manuel Garcia, 2020 WI App 71, petition to review granted, 1/20/21; case activity (including briefs) Even if a court suppresses a defendant’s voluntary statement because it was obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966), the state may use the statement to impeach the defendant if he or she elects… Read more

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September 2020 publication list

On September 30, 2020, the court of appeals ordered publication of the following criminal law related decisions: State v. Morgan E. Geyser, 2020 WI App 58 (adult court didn’t lose jurisdiction over juvenile based on facts at preliminary hearing; Miranda waiver was knowing, voluntary, and intelligent) State v. Jordan Alexander Lickes, 2020 WI App 59… Read more

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State v. Scott W. Heimbruch, 2020 WI App 68; case activity (including briefs) When an officer arrests a driver either for OWI or for causing death or great bodily harm without suspicion of OWI and requests a chemical test, he must read  the driver the legislatively prescribed “Informing the Accused” form. See §343.305(3) and (4)… Read more

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