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45. WI Supreme Court

State v. Charles W. Richey, 2021AP142-CR, reversing an unpublished COA opinion; 12/9/22, case activity (including briefs) “Freedom for all,” including the driver of the Harley in this case. In a quirky 4-3 decision, the liberal justices plus RGB hold that a deputy’s warning to be on the lookout for a Harley-Davidson driving erratically and speeding… Read more

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State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs) Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described… Read more

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State v. Jeffrey L. Moeser, 2022 WI 76, 11/23/22, affirming an unpublished court of appeals decision; case activity (including briefs) The Fourth Amendment requires that warrants shall not be issued except upon probable cause “supported by Oath or affirmation.” The officer who applied for a warrant to draw Moeser’s blood after an OWI arrest made… Read more

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State v. Junior L. Williams-Holmes, petition for review of a published court of appeals decision granted 11/16/22; case activity (including PFR, PFR response, and briefs) Issue presented (from the defendant’s PFR) Can a circuit court use its statutory authority to modify conditions of probation and extended supervision to regulate the day-to-day affairs of individuals on… Read more

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SCOW to address plea withdrawal in TPR cases

State v. A.G., 2022AP652, two petitions for review of unpublished court of appeals opinions granted 10/11/22; reversed, 2023 WI 61; case activity Issues for review: From the State’s petition: Whether A.G., the father who lost his parental rights, knowingly, intelligently, and voluntarily pled “no contest” to grounds for termination of his rights. From the GAL’s petition… Read more

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State v. Tomas J. Hoyle, 2020AP1876-CR, petition for review of an unpublished opinion granted 9/14/22; case activity (including briefs) Issue: (adapted from the State’s PFR): The 5th Amendment prohibits a prosecutor from commenting  on defendant’s failure to to the stand. Griffin v. California, 380 U.S. 609, 615 (1965); Bies v. State, 53 Wis. 2d 322, 325-26… Read more

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Walworth County v. M.R.M., 2022AP140-FT, certification granted 9/14/22,  reversed, 2023 WI 59; case activity Issues (from the COA certification): 1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, apply retroactively or only prospectively? 2. In a ch. 51 case involving a petition to extend… Read more

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State v. Wilson P. Anderson, 2020AP819-CR, petition for review of an unpublished court of appeals opinion granted 9/14/22; case activity (including briefs) Issues: 1.  Whether Sell v. United States, 539 U.S. 166 (2003) requires the State to submit a treatment plan in support of its motion for involuntary medication to restore a defendant’s competency to… Read more

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