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State v. Peter J. King, 2019AP1642-CR, District 4, 9/17/20 (recommended for publication);  case activity (including briefs) Packingham v. North Carolina, 137 S Ct. 1730 (2017) struck down a law making it a felony for a registered sex offender to use any social networking site that permits minors to become members or to create personal web… Read More

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State v. Decarlos K. Chambers, 2019AP411-CR, petition for review of per curiam opinion granted 9/16/20; case activity (including briefs) Issue presented (derived from Cambers’ petition for review): The State charged Chambers with 1st degree reckless homicide. He maintained that he had not committed the crimes and that was absolutely innocent. He refused all plea offers… Read More

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Waukesha County v. C.A.E., 2020AP834-FT, District 2, 9/16/20 (1-judge opinion, ineligible for publication); case activity “Carly” argued that the circuit court committed plain error when it admitted and relied on hearsay evidence of dangerousness introduced through the County’s testifying doctor at her recommitment hearing. She also challenged the court’s involuntary med order because the last… Read More

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That’s the title of a recent N.Y. Times article about Washington state’s internet “sex predator” stings. It tells stories that will sound familiar to all of our readers who’ve handled similar cases in Wisconsin… Read More

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State v. Morgan E. Geyser, 2018AP1897-Cr, 8/12/20, District 2  (recommended for publication); case activity (including briefs) Morgan Geyser, one of the two 12 year old defendants in the Slenderman case, was charged in adult court with attempted 1st degree intentional homicide. At her preliminary hearing, the court found probable cause that she committed a crime… Read More

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Shan Fieldman v. Christine Brannon, __F.3d__  (7th Cir. 2020) Shan Fieldman climbed into a truck and told a hit man that he wanted his ex-wife and her boyfriend killed. Turns out the hit man was an undercover cop who videotaped their conversation. At trial the State played the video. Fieldman testified that he did not… Read More

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Michael Gilbreath v. Dan Winkleski, Case No. 19-cv-728-jdp (W.D. Wis. Aug. 4, 2020) Witness credibility was the key issue at Gilbreath’s trial, and his counsel’s failure to present evidence that would have undermined [the complaining witness’s] credibility and bolstered Gilbreath’s defense deprived Gilbreath of a fair trial. The Wisconsin Court of Appeals unreasonably concluded that… Read More

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Danny Wilber v. Michael Thurmer, Case No. 10-C-179 (E.D. Wis., Aug. 4, 2020). It’s said that defendants having meritorious postconviction claims are more likely to win relief on a habeas petition in federal court than on direct appeal in Wisconsin’s appellate courts. This decision could be a poster child for that theory.  On Point last… Read More

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