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9. Crimes

City of Crandon v. Lynda Morris, 2017AP2266, District 3, 1/15/19 (one-judge decision; ineligible for publication); case activity (including brief of appellant; respondent didn’t file one….) The circuit court improperly jumped the gun by ordering Morris’s driver’s license to be revoked for refusal before the 10-day deadline for her to request a refusal hearing. But she… Read More

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State v. Autumn Marie Love Lopez, 2017AP913-CR, District 4, 12/6/18 (case activity) & State v. Amy J. Rodriguez, 2017AP914-CR, District 4, 12/6/18 (case activity), consolidated in a recommended for publication decision. Lopez and Rodriguez were each charged with a single count being party to the crime of felony retail theft of more than $500 but… Read More

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State v. Stuart W. Topping, 2018AP318, 2/6/18, District 4 (1-judge opinion, ineligible for publication); case activity (including brief) You don’t see this very often. Topping, represented by counsel, filed an initial brief. The State never responded. That might have been cause for summary reversal. But here Topping’s challenge to the circuit court’s finding that he… Read More

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State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity Issue: Was Randall entitled to suppression of the results of a test of a blood sample that she voluntarily gave to police under the implied consent law because she informed the lab that she was withdrawing her consent before… Read More

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State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs) Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions. Insufficient evidence Barwick argues there was insufficient evidence to convict… Read More

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State v. Norris W. Culver, 2018 WI App 55; case activity (including briefs) Wisconsin Stat. § 942.09(3m)(a)2. prohibits a person from posting or publishing “private representations” without the consent of the person depicted in the representation. The court of appeals rejects Culver’s claim that the statute is void because it’s overbroad and vague. The court also… Read More

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No error in finding defendant guilty of OWI

Village of Pleasant Prairie v. Brian Lucas, 2017AP2131, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity This pro se defendant’s challenges to his OWI conviction go nowhere. His argument that the trial court erred in delaying the trial so he could obtain appointed legal counsel is undeveloped, and in any event founders straight… Read More

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United States v. Dennis Franklin & Shane Salm, 2018AP1346-CQ, certification granted 8/15/18; case activity The Seventh Circuit certified the following question of law to the Wisconsin Supreme Court: Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10(1m)(a)–(f), identify alternative elements of burglary, one of which a jury must unanimously find beyond… Read More

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