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44. WI Supreme Court

Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity Issue:  A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a… Read More

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State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by… 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. Tyrus Lee Cooper, 2016AP375-CR, 6/20/19, affirming a per curiam court of appeals opinion, case activity (including briefs) Cooper moved for pre-sentencing plea withdrawal and filed an OLR grievance because his lawyer failed to provide him with discovery, contact witnesses, and communicate with him. Days before trial, his unprepared lawyer misled him about the… Read More

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State v. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs) This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post: Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers… Read More

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State v. Fitzgerald, 2018AP1296-CR, 2019 WI 69, 6/13/19; case activity Sell v. United States, 539 U.S. 166 (2003) held that a mentally ill  defendant has a constitutional right to avoid unwanted antipsychotic medication. The State can force it on him to restore his competency for trial only by proving the 4 “Sell factors.” Fitzgerald holds that §971.14… Read More

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State ex rel. Fitzgerald v. Milw. County Circuit Court, 2018AP1214-W, 2019 WI 69, 6/13/19, case activity A defendant is entitled to an automatic stay of an involuntary medication pending appeal, otherwise his liberty interest in avoiding unwanted antipsychotic medications is rendered a nullity. State v. Scott, 2018 WI 74, __Wis. 2d __, 912 N.W.2d 14. But what… Read More

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State v. Kelly James Kloss, 2018AP651-CR, petition and cross petition for review of a published court of appeals decision, both granted 6/11/19; case activity (including briefs) Issues: Is solicitation of first degree reckless injury a crime under Wisconsin law? Is solicitation of first degree recklessly endangering safety a lesser included offense of first degree reckless… Read More

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