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2019-20 Term

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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State v. Brantner, 2020 WI 21, 2/25/20, affirming in part and reversing in part a summary order, 2018AP53; case activity (including briefs) Brantner was arrested (for reasons unrelated to this case) in Kenosha County by Fond du Lac County detectives. They took him to jail in Fond du Lac, where a booking search revealed several… Read More

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State v. Charles L. Neill, IV, 2020 WI 15, 2/14/20, reversing a published decision of the court of appeals; case activity (including briefs) In this decision the supreme court explains how to calculate the minimum fine for an OWI when the fine is subject to multiple enhancer provisions. The supreme court’s calculation is better for defendants… Read More

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State v. Carrie E. Counihan, 2020 WI 12, 2/13/20 modifying and affirming an unpublished court of appeals decision, 2017AP2265; case activity (including briefs) This case is the companion to State v. Coffee, which, though argued on the same day, came out a few weeks earlier and failed, in particularly confusing fashion, to announce any binding… Read More

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Marathon County v. D.K., 2020 WI 18, 2/4/2020, affirming an unpublished court of appeals decision; 2017AP2217; (case activity) The caption is the most confusing part of this opinion: ZIEGLER, J., delivered the majority opinion of the Court with respect to Parts I., II., III., IV.A., IV.B., and IV.C.1, in which ROGGENSACK, C.J., REBECCA GRASSL BRADLEY… Read More

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City of Cedarburg v. Ries B. Hansen, 2020 WI 11, 2/11/19 (on bypass of the court of appeals); case activity (including briefs) Municipal courts have subject matter jurisdiction over ordinance violations (e.g. an OWI 1st), and circuit courts have subject matter jurisdiction over misdemeanors and felonies (e.g. an OWI 2nd or subsequent). In this 4-3… Read More

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SCOW: Precedent? What precedent? ¯\_(ヅ)_/¯

State v. Anthony James Jendusa, 2018AP2357-CRLV, review of a decision of the court of appeals denying the state’s petition for leave to appeal; case activity Before turning to the issues presented, we’ll start with an observation about how this case might seem to affect appellate litigation in all kinds of cases, civil and criminal. As… Read More

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Wisconsin Judicial Commission v. Kenneth W. Gorski, 2020 WI 5, imposing a public reprimand on a court commissioner; case activity Gorski, a part-time court commissioner, earns a public reprimand for failing to recuse himself from a case being handled by a lawyer who is a close friend and for his treatment of the pro se litigant in… Read More

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