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State v. Damien Markeith Divone Scott, 2017 WI App 74; case activity (including briefs) In this case of first impression in Wisconsin, the court of appeals holds that the stop of a car at a police checkpoint was justified by the “special needs” of law enforcement. After police responded to a report of an armed robbery they… Read more

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Directing TPR verdict was harmless error

State v. C.L.K., 2017AP1413 & 2017AP1414, District 1, 10/10/17 (one-judge decision; ineligible for publication), petition for review granted 3/14/18, reversed, 2019 WI 14; case activity The circuit court directed a verdict in favor of the state during the grounds phase of the TPR proceedings against C.L.K. without allowing him the opportunity to present evidence. The court of appeals… Read more

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Exhibit A… Read more

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M.R.B. v. S.S., 2017AP1217-1219, 10/5/17, District 4 (1-judge opinion, ineligible for publication); case activity This slim opinion delivers hard blows to a father resisting the termination of his parental rights. They concern circuit court competency, a request for a continuance, and the sufficiency of evidence in determining whether termination was in the best interests of… Read more

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State v. Dustin M. Sherman, 2016AP2225, 10/5/17, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) Sherman argued that police lacked reasonable suspicion to conduct the traffic stop that led to his refusal to submit to a blood alcohol test. The officer stopped him for a violation of the statute requiring a tail… Read more

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State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the… Read more

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Defense win on postconviction procedure!

State v. Jeffrey S. Roehling, 2016AP35-CR, District 3, 10/3/17, (not recommended for publication), case activity (including briefs) Haven’t seen defense win in awhile–especially not regarding postconviction procedure. The court of appeals first rejects the State’s contention that a defendant who fails to request an extension of the 60-day deadline for a circuit court to decide… Read more

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At last week’s “long conference” the Supreme Court denied petitions for certiorari in two potentially significant cases dealing with sex offenders. The issue in the first case, Snyder v. Doe, was whether various aspects of Michigan’s sex-offender registration law imposed “punishment” in violation of the ex post facto clause. The Sixth Circuit answered that question “yes,” Does… Read more

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