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C. Subject matter/personal

State v. James Edward Olson, 2018AP1987, 9/17/18, District 1 (one-judge opinion, ineligible for publication); case activity (including briefs) Olson says that the DOC extended his probation by six months without notice to him, and he shouldn’t have to pay the fees associated with those six months. The court of appeals has two problems with this… Read More

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City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs) Issue (from petition for bypass): City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to… Read More

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St. Croix County v. Kimberly L. Severson, 2017AP1111, 11/13/18, District 3, (i-judge opinion, ineligible for publication); case activity (including briefs) This is a City of Eau Claire v. Booth redux. In 2001 Severson was charged with OWI 1st in Eau Claire County and convicted of a separate OWI 1st in St. Croix County. Had St. Croix conviction been… Read More

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State v. Shaun M. Sanders, 2015AP2328-CR, granting review of a published court of appeals decision, 6/13/17, case activity (including briefs Issue (copied from the petition for review): Can a person be criminally responsible for acts he allegedly committed before the age of original juvenile court jurisdiction? A jury convicted Sanders of enticement, incest, and child… Read More

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State v. Richard J. Scott, 2017 WI App 40; case activity (including briefs) Richard Scott seeks to withdraw his pleas to one count of repeated sexual assault of the same child and one count of possessing child pornography. As to the sexual assault count, he was charged under the wrong statute–a prior version. As to… Read More

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State v. Timothy A. Giese, 2015AP1838-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs) The supreme court’s recent decision in City of Eau Claire v. Booth Britton, 2016 WI 65, disposes of Giese’s claim that the circuit court lacked jurisdiction over a mistakenly charged second-offense OWI. In 2009 Giese was arrested for… Read More

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City of Eau Claire v. Melissa M. Booth Britton, 2016 WI 65, 7/12/16, reversing a circuit court order on bypass, case activity (including briefs) OWI specialists, pay attention to this case! It abolishes subject matter jurisdiction challenges to improperly-charged 1st offense OWIs. Everyone else, pay attention too. Justice Abrahamson’s 33-page dissent offers a comprehensive analysis… Read More

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On a bypass petition; case activity (including briefs) Issues (from the appellant’s brief): Does a circuit court lack subject matter jurisdiction to enter an OWI 1st offense civil judgment if a defendant has a prior unknown out-of-state OWI conviction? Is a municipality legally precluded from pursuing a civil OWI citation if the defendant could also be… Read More

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