by admin
on July 12, 2015
Adam R. Mayhugh v. State, 2015 WI 77, 7/10/15, affirming a court of appeals summary disposition, 2013AP20123; majority by Bradley; concurrence by Gableman; case activity (including briefs)
While the SPD does not represent clients in lawsuits against the DOC, attorneys may get questions about this case. Staff at Redgranite Correctional ordered Mayhugh to sit in the bleachers of the institution’s recreation yard and watch a baseball game. A foul ball hit him in the head, fractured his skull and severed an artery that led to a blood clot, strokes and respiratory failure. Mayhugh brought a tort action against several entities, including the DOC. In a unanimous decision, SCOW held that Mayhugh’s lawsuit against the DOC was barred by sovereign immunity.
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State v. Rachael A. Dickenson, 2015AP277-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs)
The police didn’t enter the curtilage of Dickenson’s home or commit a trespass by walking up her driveway toward the back of her house.
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State v. Robert C. Blankenheim, 2015AP239-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Blankenheim’s challenges his OAR conviction by arguing that he was unlawfully stopped, that the evidence wasn’t sufficient to prove operation on a highway, and that the police officer wasn’t a credible witness. The court of appeals disagrees “on all points….” (¶1).
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State v. Corey R. Kucharski, 2015 WI 64, reversing an unpublished court of appeals decision; majority opinion by Crooks; dissent by Bradley (joined by Abrahamson); case activity (including briefs)
If you thought defending a discretionary reversal in SCOW was tough before, it just got tougher. Kucharski pled “no contest” to killing his parents but claimed he was not guilty by reason of mental illness due to schizophrenia. Voices told him to commit the murders. He had not been diagnosed with schizophrenia, but 3 doctors supported his NGI defense. The State presented no witnesses, yet the circuit court found that Kucharski failed his burden of proof. The court of appeals granted a new trial in the interests of justice. In a split decision, SCOW reversed and changed the “discretionary reversal” standard. [continue reading…]
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A new edition of SCOWstats is out here. This one shines a light on how comfortable the justices are joining each others’ concurrences and dissents. If you think of separate opinions as Facebook posts, SCOWstats shows whose opinions the justices “like” the least and most. 🙂
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State v. Andrew Obriecht, 2015 WI 66, 7/7/15, reversing a published court of appeals decision; case activity (including briefs)
When sentence credit is granted after a convicted defendant’s parole is revoked, the additional credit must be applied to the parolee’s reincarceration time, and not—as the Department of Corrections and the court of appeals thought—to any period of parole remaining after the reincarceration time is served.
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State v. Warren E. Schabow, 2014AP1254-CR, District 3, 7/7/15 (not recommended for publication); case activity (including briefs)
Based on the entire sentencing proceeding, the state didn’t breach the plea agreement because the prosecutor’s remarks did not insinuate the state was distancing itself from, or casting doubt on, its own sentencing recommendation.
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State v. Jodie A., 2015AP46 & 2015AP47, District 1, 7/7/15 (one-judge decision; ineligible for publication); case activity
The trial court that accepted Jodie A.’s admission as to grounds to terminate her parental rights failed to comply with two of the requirements for accepting an admission set forth in § 48.422(7)—namely, the court didn’t inquire about adoptive resources and didn’t require the submission of a report concerning potential financial exchanges. The errors were harmless, however.
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