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44. WI Supreme Court

Portage County v. J.W.K., 2019 WI 54, 5/21/2019, affirming an unpublished order dismissing appeal as moot; case activity Practitioners know that it’s rare to get from final judgment to court of appeals decision on the merits in less than a year. Just the ordinary statutory time frames for appointment of counsel, transcripts, motions or notices… Read More

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In re Judicial Disciplinary Proceedings Against Piontek, 2019 WI 51, 5/21/19; case activity The supreme court suspends Judge Michael Piontek from office for five days for “obviously unethical” and “clearly improper” misconduct in two criminal cases. In the first case the judge engaged in ex parte communication with the prosecutor about adjourning a scheduled trial… Read More

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State v. Carrie E. Counihan, 2017AP2265-CR, petition for review granted 5/14/19, and State v. Donavinn Coffee, 2017AP2292-CR, petition for review granted 5/14/19; case activity (Counihan; Coffee) Issues: Does a defendant forfeit his right to challenge a judge’s consideration of information at sentencing by failing to object to the information at the time of sentencing? If trial… Read More

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State v. Dennis L. Schwind, 2019 WI 48, affirming a court of appeals’ summary disposition in 2017AP141-CR, 5/3/19; case activity (including briefs). Section 973.09(3)(d) gives circuit courts authority to reduce or terminate a term of probation if 6 requirements are met. Schwind did not proceed under that statute because he couldn’t satisfy the requirements. So… Read More

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State v. John Patrick Wright, 2019 WI 45, reversing an unpublished court of appeals decision; case activity (including briefs) The supreme court holds (again) that, as part of any routine traffic stop, police may ask a driver whether he or she is carrying a weapon. Wright was stopped for a defective headlight. After telling Wright… Read More

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State v. Nelson Garcia, Jr., 2019 WI 40, 4/19/19; case activity (including briefs) ASPD Pam Moorshead briefed this appeal and argued it to SCOW less than two weeks ago. The lead issue was whether the Sixth Amendment right to counsel attaches upon the finding of probable cause and setting of bail by a court commissioner. Justice… Read More

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State v. Autumn Marie Love Lopez & Amy J. Rodriguez, 2017AP913-CR & 2017AP914-CR, petition for review granted 4/9/19; case activity (including briefs) Issue: Does either Wis. Stat. § 971.36 or inherent prosecutorial charging discretion allow a prosecutor to charge a single felony count of retail theft for multiple separate acts of theft, each involving less than… Read More

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State v. Matthew C. Hinkle, 2017AP1416-CR, petition for review granted 4/9/19; case activity (including briefs) Issue: Once a juvenile has been waived into adult court by one circuit court, must the juvenile always be subject to adult court jurisdiction in any other cases? When Hinkle was 16 years old he was charged as a juvenile… Read More

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