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On review of an unpublished court of appeals decision; case activity Issue (composed by Anthony’s PFR here ): May a criminal defendant be stripped of his right to testify pursuant to Illinois v. Allen when his behavior is never so disruptive, obscene, or violent that he must be removed from his trial? Anthony’s court of appeals… Read more

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On review of a published court of appeals decision; case activity Issue (composed by On Point) Was Griep’s right to confront the witnesses against him violated by allowing the supervisor of an unavailable lab analyst to testify to his opinion about the defendant’s BAC based entirely on the report prepared by the unavailable analyst? This question has… Read more

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State v. Robert J. Kowalis, 2014AP258, District 2, 8/6/14 (1-judge; ineligible for publication); case activity The circuit court’s refusal finding under § 343.305(9) is upheld because the officer had probable cause to arrest Kowalis for operating while intoxicated. Kowalis was found in the driver’s seat of a car parked across a sidewalk and partly on the grass of the terrace between… Read more

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State v. Jeremiah J. Purtell, 2014 WI 101, 8/1/14, reversing an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity In a case that expands the power of probation agents to search probationers’ computers and similar digital devices, the supreme court holds that the search of Purtell’s computer by his probation agent was reasonable… Read more

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City of Bloomer v. James S. Frank, 2013AP2597, District 3, 8/5/14 (1-judge; ineligible for publication); case activity The circuit court didn’t erroneously exercise its discretion in reopening suppression hearing to take additional evidence in the form of dispatch recordings which the city tried, but failed, to obtain before the suppression hearing in the case. Frank… Read more

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State v. Bradley Edward Magdzas, 2014AP250-CR, District 3, 8/5/14 (1-judge; ineligible for publication); case activity The police had reasonable suspicion to stop Magdzas and, once he was stopped, could reasonably ask him for his name and identification. Police investigating an incident involving one Kauther and a state trooper went to Kauther’s home to try to… Read more

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State v. Jimmy J., 2014AP573, District 1, 8/5/14 (1-judge; ineligible for publication); case activity Trial counsel had a reasonable strategic reason for not objecting to court’s instructing TPR jury that while agreement of 10 or more jurors was necessary as to each verdict question, the same 10 jurors should agree on all the answers. The same ten… Read more

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State v. James R. Hunt, 2014 WI 102, 8/1/14, reversing an unpublished per curiam court of appeals decision; majority opinion by Justice Gableman; case activity The court of appeals granted Hunt a new trial; the supreme court takes that new trial away. The supreme court’s decision does not develop any new law or address a novel issue… Read more

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