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On March 22, 2020, the supreme court issued an order temporarily suspending or continuing all jury trials scheduled to commence between March 22 and May 22, 2020. As a follow-up, on March 31 the supreme court issued a new order adopting an interim rule that suspends until further notice the following statutory deadlines for the conduct… Read More

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Many thanks to Mike Tobin, retired Deputy State Public Defender and co-author of Wisconsin Criminal Practice and Procedure for today’s thoughtful and timely guest post: Two main resources are available to assist attorneys in preparing for hearings conducted by video or telephone: Section 885.50-885.64, Wis. Stats, setting forth both authority for and limitations on video court… Read More

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As reported here, effective Monday, March 23, the Department of Corrections has imposed a “moratorium” on prisoner intake for DOC’s prisons and juvenile detention facilities, with the exception of “essential transfers” (which is not defined). The DOC memo is here. That means defendants sentenced to prison will, for now, be kept in the county jail instead of… Read More

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Due to the public health emergency created by COVID-19, the Wisconsin Supreme Court has decided to limit temporarily the number of people who are physically present in appellate court offices and to modify temporarily certain appellate procedures. For the court’s order, click here. Our summary and explanation is below. With certain exceptions (listed below), all… Read More

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State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity Issues: To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980? Should the standard of review… Read More

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State v. Brian Halverson, 2018AP858-CR, review of a published court of appeals opinion granted 3/17/20; case activity (including briefs) Issues: Whether a person who is interrogated by police while incarcerated is “in custody” and entitled to a Miranda warning under either the federal or state constitution? Whether, under the totality of the circumstances, Halverson, who… Read More

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State v. Mitchell L. Christen, 2019AP1767-Cr, 3/17/20, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Interesting case. Section 941.20(1)(b) makes operating or going armed with a firearm while under the influence of an intoxicant a misdemeanor.  Christen argued that the statute violates the 2nd Amendment “as applied” to anyone who engages in… Read More

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State v. Alexander M. Schultz, 2020 WI 24, affirming a published court of appeals opinion; 3/4/20; case activity (including briefs) In a 4-3 decision, SCOW holds that the State may assert a vague charging period (i.e “late summer to early fall”) for repeated child sexual assault, but then constructively narrow the charging period after trial… Read More

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