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d. Law of the case

State v. Mark D. Jensen, 2021 WI 27, 3/18/21, affirming a court of appeals summary disposition; case activity (including some briefs) Julie Jensen died by poisoning in 1998. The state eventually charged her husband, Mark, with having killed her; the defense was that she had died by suicide. Before her death Julie had made oral… Read more


State v. Mark D. Jensen, 2018AP1952, petition for review of a summary court of appeals order granted 6/16/20; affirmed 3/18/21; case activity Usually we do to the issues presented first. Here, they’re pretty insubstantial, so let’s just say what’s going on: the supreme court has intervened to (potentially) save a manifestly unconstitutional (and you don’t… Read more

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State v. Adam W. Vice, 2020 WI App 34, petition for review granted 8/30/20, reversed, 2021 WI 63; case activity (including briefs) This is a “recommended for publication”, split court of appeals opinion where the State lost in a child sexual assault case. In other words the State will surely petition for review, and SCOW… Read more


State v. Robert E. Hammersley, 2018AP1022, District 3, 7/30/19 (one-judge decision; ineligible for publication); case activity (including appellant’s brief) Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), doesn’t provide a basis to void the revocation of Hammersley’s driver’s license back in 1995 for refusing a blood alcohol test after his OWI arrest. Hammersley argues… Read more


State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs) The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence. Winberg can’t win for losing, it seems. He was stopped after an officer ran a registration check on the vehicle… Read more


State v. Michael S. Dengsavang, 2015AP637-CR, 6/1/16, District 1 (not recommended for publication); case activity (including briefs) Michael Dengsavang raises several challenges to the trial court’s denial of his Machner motion. The court of appeals rejects one claim on the merits and declines to consider the rest, holding them previously abandoned. This is the second… Read more


Polk County  Human Services Dep’t v. Boe H., 2013AP1719, District 3, 1/14/13 (not recommended for publication); case activity This appeal turns on the court of appeals’ application of the law of the case doctrine,  so it’s necessary to recap some procedural history. After a jury found Boe mentally ill, a proper subject for treatment, and… Read more


Law of the case doctrine — procedure on remand

State v. Gary Wieczorek, 2012AP2217-CR, District 3, 9/10/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court had previously held that Wieczorek was unlawfully seized by the police on his front porch, but the court of appeals reversed that holding and remanded the case for further proceedings. (¶¶2-4). On remand, Wieczorek again… Read more