by admin
on November 1, 2021
Town of Brookfield v. Martin M. Gonzalez, 2021AP218, District 2, 10/27/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Gonzalez posted some photos on Instagram as a “story,” a series of shorter, more casual, less permanent images or posts than standard posts on a user’s Instagram feed (so we’re told). The first photo showed a ticket to an upcoming movie at a Brookfield cinema. The second showed loose bullets and a hand holding a loaded magazine. The third showed the inside of a darkened movie theater. (¶3). This “story” led to Gonzalez being convicted for violating the municipality’s disorderly conduct ordinance, a conviction the court of appeals now vacates. [continue reading…]
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by admin
on November 1, 2021
State v. Randy L. Bolstad, 2021 WI App 81; case activity (including briefs)
Long, long ago, in a galaxy far away, SCOW held that when circuit courts sentence a defendant, they must demonstrate their exercise of discretion on the record. State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197. Circuit courts often ignored this mandate, so appellate courts conjured sentencing rationales for them and affirmed. Click here and here. Now, our very own court of appeals has reversed a sentence for a Gallion violation and recommended the decision for publication! [continue reading…]
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by admin
on November 1, 2021
Danny Wilber v. Randall Hepp, 7th Cir. Nos. 20-2614 & 20-2703, decided 10/29/21
Danny Wilber was granted a writ of habeas corpus by a federal district judge due to the Wisconsin circuit court’s use of visible restraints during Wilber’s trial in violation of Deck v. Missouri, 544 U.S. 622 (2005). We wrote about that decision here. In a long, thorough opinion, the Seventh Circuit affirms the district court. [continue reading…]
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by admin
on October 28, 2021
Involuntary medication litigation and Covid-19 litigation were bound to cross paths, especially with all the vaccine mandates. But who could have foretold the twist presented by SCOW’s decision on Monday in Gahl v. Aurora Health Care, Inc., 2021AP1787-FT? Allen Gahl, attorney in fact for John Zingsheim, who is on a ventilator, sought a court order forcing Aurora to administer Ivermectin (de-worming medication) to him. [continue reading…]
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by admin
on October 27, 2021
The court of appeals has ordered publication of the following criminal law related decision:
State v. Nicholas Reed Adell, 2021 WI App 72 (circumstances justified extension of traffic stop to determine whether driver had prohibited alcohol content)
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by admin
on October 26, 2021
State v. Jesse Rogalla, 2019AP1486-CR, 10/26/21, District 3 (1-judge opinion, ineligible for publication; case activity (including briefs)
Officer Klieforth was dispatched to a home after someone reported that Rogalla was yelling at a woman inside. Klieforth heard both parties screaming, peeked in a window, saw Rogalla yelling as a woman knelt before him crying “You don’t have to do this” and “Why?” After hearing a loud slap, Klieforth entered without a warrant based on fear for the woman’s safety. [continue reading…]
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by admin
on October 26, 2021
State v. S.T., 2021AP1278-1280, 10/26/21, District 1 (1-judge opinion, ineligible for publication); case activity
The circuit court terminated S.T.’s parental rights to three of her children after she brought one of them (a 5-month old twin) to the hospital with severe burns on his body. S.T. appealed arguing that during the grounds phase of the TPR trial the circuit court erroneously relied on irrelevant evidence–testimony regarding past CHIPS and TPR proceedings that predated the births of these three children. [continue reading…]
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by admin
on October 22, 2021
Attorney Keith Findley and colleagues have a new paper out. They examined cases in the postconviction context to determine how often prosecutors use their plea-bargaining power to preserve a conviction even when the conviction appears deeply flawed and the chances that the defendant is innocent are high. Guess what they found . . .
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