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10. Defenses

State v. Joan L. Stetzer, 2023AP874-CR, 3/27/24, District II (1-judge decision, ineligible for publication); case activity In a difficult case demonstrating the stringent nature of Wisconsin’s coercion defense, COA affirms the circuit court’s decision that the defense did not apply to Stetzer’s conduct, notwithstanding a medley of uniquely sympathetic facts. At a court trial for… Read more

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State v. Michael Ross Straight, 2022AP2012, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A woman identified as “A.B.” got out of her car and approached Straight with a machete. Straight, fearing for his life, grabbed A.B., knocked her to the ground, and took the machete from her. He then straddled… Read more

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Range v. Attorney General, 69 F.4th 96 (3rd Cir. 2023). In a case highlighting the changed legal landscape for firearm regulation, an en banc panel of the Third Circuit Court of Appeals concludes that the federal government cannot ban a nonviolent felon from lawfully possessing a firearm. For a great recap of this case that… Read more

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Smith v. United States, USSC No. 21-1576, 2023 WL 4002949 (June 15, 2023), affirming United States v. Smith, 22 F. 4th 1236 (11th Cir. 2022); Scotusblog page (including links to briefs and commentary). A unanimous Supreme Court holds that the Constitution does not bar retrial of a defendant whose conviction is reversed because the prosecution… Read more

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State v. Steven M. Nelson, 2021AP843-845, 4/4/23, District 3 (not recommended for publication); case activity (including briefs) Nelson pleaded guilty to possessing meth as a repeater. He was eligible for the repeater enhancement because, on November 15, 2017, he’d been convicted of being a felon in possession of a firearm in Barron County Case No… Read more

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State v. Debra L. Rippentrop & Steven E. Rippentrop, 2023 WI App 15; case activity (including briefs) 2022AP92-CR and 2022AP93-CR The nonprosecution agreement the Rippentrops made with the state doesn’t violate public policy and is therefore enforceable, and that requires the criminal charges filed against them to be dismissed with prejudice. In 2019 the Rippentrops… Read more

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State v. Jeffrey L. Blabaum, 2022AP111, 11/10/2022, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Blabaum texted his ex and told her to meet him in Dodgeville to retrieve a few personal items she’d left behind when she moved out of the home they shared in Tennessee. He also sent a picture… Read more

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Some (brief) notes on Bruen

New York State Rifle & Pistol Association Inc. v. Bruen, USSC No. 20-843, 6/23/22 reversing N.Y. State Rifle & Pistol Ass’n v. Beach (2nd Cir. unpublished); Scotusblog page (including briefs and commentary) You can read tons of analysis of, and commentary on, of this precedent-demolishing (and establishing) case at Scotusblog (and many, many other places)… Read more

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