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Seventh Circuit cases for May

May was quiet; aside from the seismic win in Pope, there were only a few cases of potential interest to our readers: United States of America v. Emanuel Dameron, No. 22-3291: This case is notable for what it chooses not to resolve. It’s also a potentially terrifying reminder of what police surveillance looks like in our modern… Read more

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Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, 6/4/24, District III (recommended for publication); petition for review granted 11/12/24; dismissed as improvidently granted 6/24/25 case activity Court of Appeals affirms circuit court’s order affirming DOJ’s decision to deny applicant’s request to purchase firearm after applicant’s conviction for a misdemeanor crime of domestic violence was expunged. In… Read more

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State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms. Schenian drew the attention of police while operating his Jeep, at around 2:30 A.M., with a top-mounted light so bright it… Read more

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Outagamie County DHHS v. L.C.E., 2023AP929, District 3, 6/4/24 (one-judge decision; ineligible for publication); case activity There was insufficient evidence for the protective placement order because the County failed to prove that “Lauren” was “so totally incapable of providing for . . . her own care or custody as to create a substantial risk of… Read more

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City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms. Officers observed White’s vehicle make an… Read more

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State v. Les Paul Henderson, 2023AP2079-CR, 5/31/24, District IV (not recommended for publication); case activity Although Henderson fails to persuade COA that a JOC making him eligible for early release programming controls, he does live to fight another day given COA’s order that he receive a hearing at which time the circuit court will have… Read more

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State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms… Read more

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Town of Dunn v. Brian S. LaFleur, 2023AP1529-1531, 5/23/24, District IV (1-judge opinion, not eligible for publication); case activity LaFleur was stopped after driving on a road that was marked “closed to through traffic” because his vehicle was registered to an address outside of the area. After the circuit court granted LaFleur’s motion to suppress… Read more

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