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C. Challenges to disclosure

Voces de La Frontera, Inc. v. David A Clarke, Jr., 2017 WI 16, reversing a published court of appeals opinion, 2/24/107; case activity (including briefs) Voces filed an open records request for immigration detainer forms (aka I-247 forms) for persons held at the Milwaukee County Jail. It wanted to confirm that Sheriff Clarke was following federal law… Read More

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Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2016 WI 100, 12/28/16, reversing a summary disposition of the court of appeals; case activity (including briefs) Before the November 2014 election, the Democratic Party of Wisconsin filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney… Read More

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Review of a published court of appeals decision; case activity (including briefs) Issues (from petition for review): Does Wis. Stat. §19.356 preclude petitioners from seeking a declaratory judgment that the DOJ’s alias name policy violates Wisconsin’s public records law? Don’t be misled by the bland statement of the first issue. Teague has asked SCOW to decide… Read More

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State v. Moustakis, 2016 WI 42, 5/20/2016, affirming a published court of appeals decision, 2015 WI App 63, case activity (including briefs) This decision may interest those who need to file an open records request concerning a district attorney. In this case, a newspaper asked the DOJ for records of complaints or investigations regarding the… Read More

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Dennis A. Teague v. J. B. Van Hollen, 2016 WI App 20, petition for review granted 6/15/16, reversed, 2017 WI 56 ; case activity (including briefs) Dennis A. Teague has no criminal record. But somebody who once used his name, and a date of birth similar to his, does. The ironic result is that Teague, a likely victim of… Read More

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Review of a published court of appeals decision; case activity Issue (composed by On Point) Is an elected district attorney a public “employee” who may enjoin the release of records under the open records law because they relate to employee discipline? While this case doesn’t present an issue bearing on the day-to-day practice of indigent defense… Read More

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court of appeals certification; for Bryan Stanley: Kristin M. Kerschensteiner; case activity Open Records – Sealed Court File – NGI Condition Release Plan  The appeal raises two significant issues at the intersection of Wisconsin’s Open Records Law and Mental Health Act, one procedural and one substantive. The procedural issue involves the proper mechanism to pursue an open records… Read More

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Scope of review on certification; open records appeals Click here for supreme court decision      Click here for certification Issue/Holding:  ¶3        …  In this court’s standard order accepting the certification, we stated that “the appeal is accepted for consideration of all issues raised before the court of appeals.” See State v. Stoehr, 134 Wis. 2d 66… Read More

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