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38. Statutes

State v. Keith H. Shoeder, 2018AP997-CR, District 3, 10/1/19 (recommended for publication); case activity (including briefs) So if you’re going to drink and drive your riding mower, stay on your lawn. Shoeder drove his riding mower on the paved shoulder of a city street, and was stopped and arrested for OWI in violation of §… Read More

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Winnebago County v. C.S., 2016AP1982, petition for review of a published court of appeals opinion granted 8/15/19; case activity Issue: Does Wis. Stat. §51.61(1)(g) violate substantive due process because it does not require a finding of dangerousness to involuntarily medicate a prisoner? This is an important case.  According to SCOTUS, the government may not administer… Read More

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Ludicrous is not the same thing as absurd

State v. Medford B. Matthews, III, 2019 WI App 44; case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being in a private… Read More

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Rehaif v. United States, USSC No. 17-9560, 2019 WL 2552487, June 21, 2019, reversing 888 F.3d 1138 (11th Cir. 2018); Scotusblog page (includes links to briefs and commentary) Federal law bans certain classes of people from possessing guns, and provides stiff penalties (up to ten years in prison if there are no enhancers) if they… Read More

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State v. Blake Lee Harrison, 2017AP1811, District 3, 2/26/19 (one-judge decision; ineligible for publication); case activity (including briefs) Harrison’s due process and void-for-vagueness challenges to § 346.63(1)(am) (prohibiting driving with a detectable amount of restricted controlled substance) go up in smoke. The circuit court agreed with Harrison that the statute violates due process because there’s… Read More

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State v. Matthew C. Hinkle, 2018 WI App 67, petition for review granted 4/9/19; case activity (including briefs) Hinkle, a 16-year-old boy, was charged as a juvenile in two different counties for a car theft and police chase.  In Milwaukee County, the juvenile court waived him into adult court. So, did the Fond du Lac court have… Read More

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State v. Michael A. Keister, 2017AP1618-CR, state’s petition for review granted 9/4/2018; case activity (including briefs) Issues (based on the state’s petition for review ) Does a person have a fundamental liberty interest in participation in a treatment court funded by the state and county when he or she is charged with an offense involving… Read More

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State v. Christopher A. Mason, 2018 WI App 57; case activity (including briefs) Applying its newly minted decision in State v. Stewart, 2018 WI App 41, the court of appeals holds that the “representing” element of identity theft under § 943.201 can be proven with the same evidence that proves the defendant “used” the identifying… Read More

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