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34. Bear Arms, 2nd Am.

Daniel Doubek v. Joshua Kaul, 2022 WI 31, 5/20/22, on certification from the court of appeals; case activity (including briefs) A person convicted of a “misdemeanor crime of domestic violence” as defined under federal law, 18 U.S.C. § 921(a)(33)(A), is barred from possessing a gun under federal law and, therefore, from getting a license to… Read more

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State v. Michael Nelson, 2021AP1133-CR, 3/9/22, District 2 (1-judge opinion, ineligible for publication); case activity Nelson, who values his right to bear arms, pled guilty to several crimes, including disorderly conduct and domestic violence.  As a condition of his probation, he was barred from possessing firearms. Postconviction, he claimed that his trial lawyer incorrectly advised… Read more

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State v. Octavia W. Dodson, 2022 WI 5, 2018AP1476, 1/26/22, affirming an unpublished per curiam court of appeals decision; case activity (including briefs) Dodson pleaded guilty to second-degree homicide. He’d shot and killed Freeman, who he (apparently erroneously) believed had earlier rear-ended his car. Dodson had pursued Freeman’s car and Freeman pulled over. Dodson said… Read more

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That is the subject of today’s Immigration Professors’ blog post, which reports that the 2nd Circuit recently addressed the issue and links to a lengthy law306.com article highlighting a split among the circuits.  Apparently, the 4th, 5th, and 8th Circuits hold that undocumented immigrants are not included in “the people” of the Second Amendment… Read more

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Daniel Doubek v. Joshua Kaul, 2020AP704, certification granted June 16, 2021; case activity (including briefs) Issue (from Court of Appeals’ Certification): Are Evans v. DOJ, 2014 WI App 31, 353 Wis. 2d 289, 844 N.W.2d 403, and Leonard v. State, 2015 WI App 57, 364 Wis. 2d 491, 868 N.W.2d 186, “good law” in light… Read more

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State v. Mitchell L. Christen, 2019AP1767-CR,  affirming an unpublished court of appeals decision; 5/4/21, case activity (including briefs) Christen was armed while drunk in his apartment when he threatened to shoot his roommates.  A jury found that he violated §941.20(1)(b), which makes it a crime to operate or go armed with a firearm while intoxicated… Read more

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Daniel Doubek v. Joshua Kaul, 2020AP704, 3/31/21, District 2, certification granted 6/16/21; decision issued, circuit court reversed, 2022 WI 31; case activity (including briefs) Issue: Are Evans v. DOJ, 2014 WI App 31, 353 Wis. 2d 289, 844 N.W.2d 403, and Leonard v. State, 2015 WI App 57, 364 Wis. 2d 491, 868 N.W.2d 186… Read more

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Village of Greendale v. Matthew R. Derzay, 2019AP2294, District 1, 3/30/31 (not recommended for publication); case activity (including briefs) The burden of proof for a petitioner under § 968.20 is preponderance of the evidence, but the circuit court applied the clear and convincing standard and demanded Derzay provide certain kinds of proof to meet that… Read more

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