by admin
on December 4, 2017
State v. Ginger Breitzman, 2017 WI 100, 12/1/17, affirming an unpublished court of appeals decision; case activity (including briefs)
Breitzman was convicted at trial of several counts of child abuse (for physical assaults) and neglect of her son, J.K. She was also convicted of a charge of disorderly conduct for an incident inside their home in which she called him a “fuck face,” a “retard,” and a “piece of shit.” The lead issue is whether her trial lawyer was ineffective for not trying to get the DC dismissed because her words were protected by the First Amendment. The court refuses to decide.
[continue reading…]
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by admin
on December 4, 2017
On November 29, 2017, the court of appeals ordered the publication of the following criminal law related decisions:
State v. A.L., 2017 WI App 72 (court may order reexamination of juvenile fount not likely to be competent to proceed)
State v. Damien Markeith Divone Scott, 2017 WI App 74 (checkpoint stop justified by “special needs” of law enforcement)
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by admin
on November 30, 2017
State v. D.C., 2016AP2229-2230, District 1, 11/30/17 (1-judge opinion, ineligible for publication); case activity
During the grounds phase of her TPR proceeding, D.C.’s lawyer asked the trial court to: (1) instruct the jury that she was prohibited from having visitation with her children for a period of time, and (2) give curative instructions that it was impossible for her to perform a condition for return of her kids and to assume parental responsibility due to her incarceration. The court planned to rule on these requests just before trial, but, oops, that did not happen. [continue reading…]
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by admin
on November 29, 2017
State v. Xavier Grullon, 2016AP2404-CR, District 3, 11/28/17 (one-judge decision; ineligible for publication); case activity (including briefs)
A tip from a 911 caller together with an officer’s observations provided reasonable suspicion for a traffic stop, holds the court of appeals. [continue reading…]
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by admin
on November 27, 2017
State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs)
Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana. They ordered Brownlee and his friend out of the car and searched it. Guess what they found in the glove compartment? [continue reading…]
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by admin
on November 20, 2017
At least three justices of the Supreme Court of the United states think so. [continue reading…]
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by admin
on November 19, 2017
Today’s edition of SCOWstats follows up on a forthcoming Vanderbilt Law Review article, State Criminal Appeals Revealed, which used a new dataset from the Bureau of Justice Statistics and the National Center on State Courts to examine state supreme court decisions in felony appeals. The article did not include Wisconsin cases, so SCOWstats supplies the missing data. Have a look. You might find a surprise or two!
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by admin
on November 15, 2017
State v. James R. Stib, 2017AP3-CR, District 2, 11/15/17 (not recommended for publication); case activity (including briefs)
Stib argues his traffic stop was unlawfully prolonged to conduct a dog sniff under Rodriguez v. United States, 135 S. Ct. 1609 (2015). Assuming Stib is correct, suppression of the evidence seized after the dog alerted is inappropriate under the good-faith exception to the exclusionary rule because the dog sniff was conducted in objectively reasonable reliance on then-existing precedent, namely, State v. Arias, 2008 WI 84, 311 Wis. 2d 358, 752 N.W.2d 748.
[continue reading…]
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