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1. Conditions

State v. Tally Ann Rowan, 2010AP1398-CR, rev. granted 10/25/11 on certification request (District 3/4); for Rowan: LaZotte, Paul G.; case activity Issue (from Certification):  The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer… Read More

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certification; for Rowan: Paul G. LaZotte, SPD, Madison Appellate; case activity; review granted, 10/25/11 Extended Supervision Conditions – Limits on Fourth Amendment Rights The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer… Read More

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court of appeals decision (1-judge; not for publication); for Luckett: Cheryl A. Ward; BiC; Resp.; Reply Extended Supervision Conditions ES condition barring Luckett from residing”with any person in any place in which children or women reside [without] Court’s permission” neither unreasonable nor unconstitutionally overbroad. The court of appeals stresses that Luckett’s history “demonstrates domestic violence”… Read More

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court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Conditional Jail Time “Applying the plain language of § 973.09(4)(a), it is clear that straight confinement time may be imposed as a condition of probation, and that although the trial court ‘may grant’ work-release privileges, it is not required to do so.” It follows… Read More

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