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9. Crimes

State v. Mitchell L. Christen, 2019AP1767-Cr, 3/17/20, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Interesting case. Section 941.20(1)(b) makes operating or going armed with a firearm while under the influence of an intoxicant a misdemeanor.  Christen argued that the statute violates the 2nd Amendment “as applied” to anyone who engages in… Read More

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State v. Corey Stauner, 2019AP81-CR, District 3, 3/10/20, (1-judge opinion, ineligible for publication); case activity (including briefs) This seems wrong. The State charged Stauner with resisting an officer and bail jumping for committing that crime. The jury acquitted him of resisting an officer but found him guilty of bail jumping. The court of appeals recognized… Read More

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If you’re waiting for a decision on whether solicitation of 1st degree reckless injury is a crime in Wisconsin and on whether solicitation of 1st degree recklessly endangering safety is a lesser included offense of 1st degree reckless injury, STOP! SCOW just dismissed the case raising these issues–State v. Kelly James Kloss–as improvidently granted. SCOW’s… Read More

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Kansas v. Garcia, USSC No. 17-384, 2020 WL 1016170, 3/3/20, reversing and remanding State v. Garcia, 401 P.3d 588 (Kan. 2017); Scotusblog page (including links to briefs and commentary) In a five-to-four vote, the Supreme Court has upheld Kansas’s prosecution of noncitizens who used stolen social security numbers to gain employment. The Kansas Supreme Court… Read More

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State v. Brantner, 2020 WI 21, 2/25/20, affirming in part and reversing in part a summary order, 2018AP53; case activity (including briefs) Brantner was arrested (for reasons unrelated to this case) in Kenosha County by Fond du Lac County detectives. They took him to jail in Fond du Lac, where a booking search revealed several… Read More

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State v. Ryan C. Diehl, 2019AP1176-CR, District 4, 2/20/20 (recommended for publication); case activity (including briefs) At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and… Read More

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State v. Bartosz Mika, 2019AP1488, District 2, 2/19/20 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court appropriately exercised its discretion in continuing Mika’s refusal hearing so the state could call another witness, and the testimony of the additional witness established police had reasonable suspicion to stop Mika. After Mika was arrested… Read More

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Consent to draw blood was voluntary

State v. Justin T. Kane, 2018AP1885-CR, District 4, 2/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) Kane’s consent to a blood draw after his arrest for OWI was voluntary under all the circumstances. The circuit court made findings of fact after a suppression hearing, and, of course, the court of appeals accepts those… Read More

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