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3. Particular crimes

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. Kenneth J. Heinrich, 2018AP2124-CR, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity (including briefs). Heinrich moved to withdraw his guilty plea on the grounds that his bail-jumping charges lacked a factual basis and were multiplicitous. His motion and subsequent appeal failed. In a prior criminal case, the circuit court issued a… Read More

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State v. Andreal Washington, 2018AP1254-CR, 7/9/19, District 1 (not recommended for publication); case activity (including briefs) A jury acquitted Washington of the felony murder of Williams. Then the State charged him with 2nd degree reckless homicide. Washington moved to dismiss on double jeopardy grounds. The circuit court denied the motion, and the court of appeals… Read More

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United States v. Dennis Franklin and Shane Sahm, 2019 WI 64, 6/6/19, answering a question certified by the Seventh Circuit; case activity (including briefs) For state practitioners, the most interesting thing about Franklin is that it happened at all. Certified questions to the Wisconsin Supreme Court are rare, and a certified question presented in a federal… Read More

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State v. Brantner, 2018AP53, petition for review of a summary order granted 5/14/19; affirmed in part and reversed in part 2/25/20; case activity (including briefs) Issues: 1. Do the United States and Wisconsin Constitutional protections against double jeopardy bar the State from punishing a criminal defendant twice for violations of Wis. Stat. § 961.41(3g)(am) for possessing… Read More

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State v. Martez C. Fennell, 2017AP2480-CR, District 1, 3/26/19 (not recommended for publication); case activity (including briefs) Fennell unsuccessfully challenges his convictions for armed robbery and operating a vehicle without the owner’s consent, arguing that the charges are multiplicitous and that trial counsel should have subpoenaed a witness who would have impeached the victim’s identification… Read More

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State v. Kelly James Kloss, 2019 WI App 13, petition and cross petition for review granted, 6/11/19, petitions dismissed as improvidently granted, 3/6/20; 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… Read More

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State v. Heather L. Steinhardt, 2017 WI 62, 6/21/17, affirming a per curiam court of appeals opinion; case activity (including briefs) Steinhardt led her 12 year old daughter to her bedroom so that her husband (the child’s step father) could have sex with her. In fact, Steinhardt sat on the bed while the assault occurred. The… Read More

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