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State v. Devin T. White, 2016AP119-CR, 4/10/18, District 1, (not recommended for publication); case activity (including briefs) White was convicted of 1st-degree reckless homicide. He argued that the trial court misapplied the law governing self-defense and improperly instructed the jury. The court of appeals repeatedly struggled to determine the thrust of his argument, but it… Read more

State v. Joshua H. Quisling, 2017AP1658-CR, District 4, 4/12/18 (one-judge decision; ineligible for publication); case activity (including briefs) Quisling was “subject to” a court order to install an ignition interlock device (IID) under § 343.301 (2013-14) even though the requirement for actually installing the device was contingent on DOT issuing him a driver’s license, and that hadn’t happened… Read more

State v. Angela C. Nellen, 2017AP257-CR, District 4, 4/18/18 (one-judge decision; ineligible for publication); case activity (including briefs) Completely overlooking the victim’s own restitution hearing testimony that she was guessing about the number and value of the coins they believe were stolen by Nellen, the court of appeals blames Nellen for “fail[ing] to support [her] argument”… Read more

Time to challenge the previously reasonable assumption that “public gun possession” equals “criminal activity.” So argues this forthcoming law review article posted at SSRN. Here’s the abstract: This Article confronts the growing tension between increasingly permissive concealed carry firearms legislation and police authority to conduct investigative stops and protective frisks under Terry v. Ohio. For… Read more

State v. Brian Grandberry, 2018 WI 29, affirming an unpublished court of appeals decision, 2016AP173; case activity (including briefs) Here’s the upshot: the majority opinion here means that, if you don’t have a concealed carry permit, you can’t have a handgun “concealed” in your car, unless it’s out of your reach. How will you know… Read more

State v. Gerrod R. Bell, 2018 WI 28, 4/10/18, affirming an unpublished court of appeals opinion, 2015AP2667-2668-CR; case activity (including links) A defendant is presumed innocent until the State proves him guilty beyond a reasonable doubt. That’s what the Constitution says. Yet, in this child sexual assault case, the State cleverly told jurors that they… Read more

State v. T.G., Sr., 2017AP1715, District 1, 4/10/18 (one-judge decision; ineligible for publication); case activity T.G. sought to withdraw his no contest plea to the grounds alleged in a TPR petition. He argued that his mental health issues prevented him from understanding the TPR proceedings and that his lawyer failed to fully explain that a no contest… Read more