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44. WI Supreme Court

State v. Leevan Roundtree, 2018AP594-CR, review of per curiam opinion granted, 1/14/20; case activity Issues: 1. Section 941.29(2) prohibits any person convicted of a felony—even if it doesn’t involve physical violence–from possessing firearms the rest of his life. Is this statute unconstitutional as applied to a person convicted of failure to pay child support? 2… Read More

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State v. Dobbs, 2018AP319-CR, petition for review of a per curiam opinion granted 1/14/20; case activity (including briefs) Issues (based on Dobbs’ petition for review and SCOW’s order granting review: 1. Did the trial court err in precluding the defense’s expert on false confessions from testifying where, consistent with State v. Smith, 2016 WI App 8… Read More

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State v. Donavinn D. Coffee, 2020 WI 1, 1/9/20, 2017AP2292, affirming a per curiam court of appeals opinion; case activity (including briefs) Where to begin? Well, this is a blog by appellate lawyers, so forgive us if we dwell first on the fact that our law-developing court has once again elected not to develop the… Read More

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State ex rel. Wren v. Richardson, 2017AP880-W, 2019 WI 110, affirming a court of appeals unpublished memorandum opinion; case activity (including briefs) Two weeks ago, we posted “SCOW holds defendants abandoned by counsel to same standards as licensed lawyers,” calling State v. Pope “the most absurd decision this term (still time for worse).” Behold an… Read More

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State v. Robert James Pope, Jr., 2019 WI 106, affirming an unpublished court of appeals opinion; case activity (including briefs) In the most absurd decision this term (still time for worse), SCOW has denied a defendant sentenced to life without parole both a direct appeal and a new trial because the court system destroyed all… Read More

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State v. Ryan M. Muth, 2019AP875-CR, petition for review of per curiam opinion granted 12/11/19; case activity (including briefs) Issues presented (based on petition and  cross-petition for review): Wisconsin’s marital property statutes provide that income accrued during marriage belongs to both spouses. Wisconsin’s restitution statute permits crime victims to recover “income lost” from the “filing of charges or… Read More

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SCOW does away with Dubose

State v. Stephan I. Roberson, 2019 WI 102, 12/3/19, affirming a per curiam court of appeals opinion, 2017AP1894, case activity (including briefs) The result here is simple, and expected, given the current makeup of the court: a five-two majority to overturn State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582. Dubose held that “show up” identifications–those… Read More

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State v. Autumn Marie Love Lopez, 2017AP913-CR, State v. Amy J. Rodriguez, 2017AP914-CR, 11/27/19, 2019 WI 101, affirming a published court of appeals decision, 2019 WI App 2, case activity (including briefs) This appeal asked whether the State may charge multiple acts of misdemeanor retail theft under §943.50  as one felony under §971.36(3)(a).  The justices split 3-2-2… Read More

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