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I. Expungement

State v. Sean B. Day, 2021AP1018, 11/24/21, District 4 (one-judge decision; ineligible for publication); case activity (including brief) Day was initially charged with repeated sexual assault of a child for sexual contact with a 14-year-old when he was 17. He ended up pleading to a single count of fourth-degree sexual assault and was put on… Read more

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State v. Larry A. Brown, 2021AP12-CR, District 1, 6/29/21 (one-judge decision; ineligible for publication); case activity (including briefs) Brown was charged with theft by embezzlement and accepted a deferred prosecution agreement for the charge. He subsequently picked up new charges of THC possession and carryng a concealed weapon, for which he was given probation. That… Read more

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State v. Jordan Alexander Lickes, 2021 WI 60, affirming a published court of appeals opinion, 2019AP1272-CR, 6/15/21, case activity (including briefs) In State v. Ozuna, SCOW held that a young offender’s violation of any court-imposed conditions of probation renders expungement unavailable. Here, Lickes argued that: (1) the same rule does not apply to conditions imposed… Read more

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State v. Keandrae J. Reed, 2020AP1921-CR, District 1, 6/2/21 (one-judge decision; ineligible for publication); case activity (including briefs) After being convicted of misdemeanor theft, Reed was placed on probation and given the chance for expungement. While he successfully discharged from probation, he isn’t entitled to expungement because he didn’t do enough to pay restitution to… Read more

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State v. Jordan Alexander Lickes, review of a published court of appeals decision granted 11/18/20; case activity (including briefs) Issues presented (from the PfR): Does the expungement statute’s requirement that a probationer have “satisfied the conditions of probation” also mean that the probationer must perfectly comply at all times with each and every rule of probation set… Read more

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State v. Justin A. Braunschweig, 2018 WI 113, 12/21/18, affirming an unpublished court of appeals decision; case activity (including briefs) Braunschweig was convicted in 2011 of causing injury by intoxicated operation of a vehicle. The conviction was expunged under § 973.015. In 2016 he was charged with operating while intoxicated and with a prohibited alcohol… Read more

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State v. Kole R. Eichinger, 2017AP1845-1847-CR, 10/16/18, District 3 (1-judge opinion; ineligible for publication); case activity (including briefs) This case highlights an expunction issue that SCOW still needs to resolve. Prior to 2014, circuit courts often delayed deciding expunction until they saw how a defendant did on probation. State v. Matasek, 2014 27, 353 Wis. 2d… Read more

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State v. Justin A. Braunschweig, 2017AP1261-CR, petition for review of an unpublished court of appeals decision granted 6/11/18; case activity (including briefs) Braunschweig was convicted of first-offense OWI causing injury, but that conviction was expunged. So, when he picked up another OWI, was it a first or a second? As discussed in our post on the court of… Read more

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