State v. Derik J. Wantland, 2014 WI 58, 7/11/14, affirming a published court of appeals decision; majority opinion by Justice Ziegler; case activity A four-justice majority of the supreme court holds that a police officer lawfully searched a briefcase found in a vehicle during a traffic stop because the driver consented to a search of the… Read more
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Dane County DHS v. Mable K., 2014AP398 & 2014AP399, District 4, 7/10/14 (1-judge; ineligible for publication); case activity: 2014AP398; 2014AP399 Mable K. is not entitled to a new grounds trial based on two alleged evidentiary errors—the admission of evidence about her lack of contact with her children after the period of alleged abandonment, and the admission of evidence of specific instances… Read more
Remember the post about the judge who punched a public defender? The judge has returned to the bench, and the PD has resigned in protest. More here. What was it like to practice law in 1981? There were no computers. Smoking was allowed and so was little sexual harassment. Check out this article and video… Read more
State v. Rafeal Lyfold Myrick, 2014 WI 55, 7/10/14, affirming a published court of appeals decision; majority opinion by Justice Roggensack; case activity When does negotiation become agreement? In State v. Myrick, the Wisconsin Supreme Court’s resolution of this question was critical in determining whether the State could use incriminating statements that the defendant had made at a… Read more
State v. O’Brien, et al., 2014 WI 54, 7/9/14, affirming published court of appeals decision; majority opinion by Justice Bradley; case activity The defendants challenged the constitutionality of recently enacted WI Stat. s. 970.038, which permits the use of hearsay at preliminary hearings, and allows a court to base a finding – that probable cause… Read more
City of Antigo v. M.K., 2013AP2627, District 3, 7/8/14 (1-judge; ineligible for publication); case activity The circuit court held there was reasonable suspicion to stop the vehicle M.K. was driving because the court found the officer knew the vehicle’s registration was expired before he made the stop. The court’s finding of fact was not clearly erroneous, even… Read more
State v. Rickey V., 2014AP334, District 1, 7/8/14 (1-judge; ineligible for publication); case activity Father’s failure to appear at two scheduled evidentiary hearings on whether there were grounds for termination of parental rights was sufficiently “egregious” to justify a default judgment against him under Dane County DHS v. Mable K., 2013 WI 28, ¶70, 346 Wis… Read more
State v. Thomas G. Smith, 2013AP2516-CR, District 4, 7/3/14 (1-judge; ineligible for publication); case activity The profane comments Smith posted on a police department’s Facebook page are not “fighting words” because that category of unprotected speech only covers statements made in the context of a face-to-face communication. The Arena police posted a story on their Facebook page about the arrest… Read more
