by admin
on September 24, 2021
State v. Thomas M. Parkman, 2021AP27, 9/16/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
In February 2020, a few weeks before the COVID-19 pandemic really got going in Wisconsin, the circuit court sentenced Parkman to six months in jail for three misdemeanors stemming from an incident in which he attacked his ex-girlfriend with pepper spray. He was given an April report date, but the circuit court sua sponte delayed that date in recognition of the dangers posed to jail inmates by COVID. It has been delayed ever since. This is an appeal of the circuit court’s denial of Parkman’s motion to modify his sentence to probation with an imposed-and-stayed jail sentence: that is, he was asking the court to permanently stay the jail (so long as his probation was not revoked). [continue reading…]
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by admin
on September 24, 2021
Marquette County v. T.W., 2020AP1908, 9/16/21, District 4 (one-judge decision; ineligible for publication); case activity
T.W. was living in a group home in 2019 when, per testimony at his commitment trial, he punched, choked and threatened various people while refusing to take his medications. He was committed. On appeal he challenges the circuit court’s admission of some evidence. The county responds that his challenge is moot. [continue reading…]
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by admin
on September 24, 2021
State v. Nicholas Reed Adell, 2021 WI App 72; case activity (including briefs)
Reversing a circuit court order suppressing evidence, the court of appeals holds the totality of the circumstances gave rise to a reasonable suspicion that Adell was driving with a prohibited alcohol concentration (PAC) and that police could extend the traffic stop to have Adell perform field sobriety tests (FSTs). [continue reading…]
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by admin
on September 24, 2021
State v. Todd DiMiceli, 2020AP1302-CR, District 4, 9/16/21 (not recommended for publication); case activity (including briefs)
Under § 968.375(6), a court-ordered subpoena for electronic communication records must be served within 5 days of issuance. The subpoena used to obtain internet records regarding DiMiceli from Charter Communications wasn’t served till 9 days after issuance. The records obtained led to further investigation and charges that DiMiceli was in possession of child pornography. (¶¶2-7). The delay in service of the subpoena doesn’t entitle DiMiceli to suppression of the evidence obtained with the subpoena because the violation of the 5-day service rule was a technical irregularity or error that did not affect DiMiceli’s substantial rights. [continue reading…]
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by admin
on September 23, 2021
State v. Theophilous Ruffin, 2019AP1046-CR, petition for review of an unpublished court of appeals decision granted 9/17/21; case activity (including briefs)
Issue presented (from the State’s PFR)
Is Ruffin entitled to an evidentiary hearing based on his postconviction allegation that his trial counsel was deficient for not pursuing a theory of self-defense? [continue reading…]
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by admin
on September 23, 2021
State v. Donald P. Coughlin, 2019AP1876-CR, petition for review of an unpublished court of appeals decision granted 9/14/21; case activity (including briefs)
Issues presented (from State’s petition for review)
1. How does a court consider the theory of guilt in an evidence sufficiency claim when an inconsistency exists between a jury instruction and verdict?
2. Must a court accept a jury’s resolution of any vagueness in testimony as jury credibility and weight determinations and must a court then adopt the reasonable inferences that a jury may have drawn from the evidence?
3. Has Coughlin, as the defendant challenging the sufficiency of the evidence, met his heavy burden to overcome the great deference this Court gives to the jury and its verdict to satisfy that the evidence, viewed most favorably to the State and the convictions, was insufficient to sustain the 15 guilty verdicts relating to his sexual assaults of John Doe 2 and John Doe 3?
[continue reading…]
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by admin
on September 23, 2021
State v. Chrystul D. Kizer, 2020AP192-CR, petition for review of a published court of appeals decision granted 9/14/21; case activity (including briefs)
Issue Presented (from the State’s PFR)
Does § 939.46(1m) provide a victim of trafficking with a complete defense to first degree intentional homicide? [continue reading…]
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by admin
on September 16, 2021
State v. Scott William Forrett, 2019AP1850-CR, petition for review of a published decision of the court of appeals granted 9/14/21; case activity (including links to briefs)
Issue presented
Wisconsin’s escalating OWI penalty scheme counts a person’s refusal to consent to a blood draw as a basis for enhancing the penalty for future offenses. Is that scheme unconstitutional because it penalizes a defendant’s exercise of the Fourth Amendment right to be free from an warrantless search? [continue reading…]
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