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County of Fond Du Lac v. Blade N. Ramthun, 2016AP825, District 2, 10/26/16 (1-judge opinion, ineligible for publication); case activity (including briefs)

A deputy stopped Ramthun for speeding and suspected that he had been drinking. Because it was 1:08 a.m. and raining hard on Highway 45, the deputy drove him 3 to 4 miles to a gas station to conduct field sobriety tests. Ramthun argued that his temporary detention and movement violated §968.24, which codifies Terry v. Ohio, 392 U.S. 1, 22 (1986). [continue reading…]

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Skewed Justice

According to a new report by researchers from Emory Law School and the American Constitutional Society, the more TV ads aired during a state supreme court election, the less likely justices are to vote for criminal defendants. The analysis covers 30 states, including Wisconsin. Click here.

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Judge Posner says SCOTUS is “awful”

He also says Ruth Bader Ginsburg and Stephen G. Breyer are the only “qualified” justices. Click here to read more.

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State v. Thomas J. Queever, 2016 WI App 87; case activity (including briefs)

Thomas Queever tried to break into a house. We know this because the home’s security system captured video of him doing so. The circuit court and the court of appeals ordered him to pay the cost of said security system, concluding that the expense of installing it was the “result of a crime considered at sentencing,” even though it was installed prior to the burglary of which Queever was convicted. Does the court of appeals’ authority extend to reversing the arrow of time? [continue reading…]

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Orin Kerr has written a couple of interesting new posts on whether warrants requiring a person to press his finger to a censor on a cell phone or commuter violate the 5th Amendment. Click here and here.

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Eric T. Alston v. Judy P. Smith, 7th Circuit Court of Appeals No. 16-1308, 2016 WL 6083982, 10/18/2016

Eric Alston was on probation when he came to the attention of Dane County’s “Special Investigation Unit,” a law enforcement initiative targeting “serious, assaultive offenders” that offered him resources aimed at preventing him from reoffending but “came with the admonition that any probation violation would result in the Department of Corrections vigorously seeking full revocation of probation.” (Slip op. at 2). [continue reading…]

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State v. Marie Williams, 2016 WI App 82; case activity (including briefs)

Like other states, Wisconsin has an opioid addiction epidemic. To encourage people to summon emergency aid for someone who has overdosed, the legislature passed §961.443 which provides that that an “aider” is immune from prosecution for the possession of drug paraphernalia under §961.573 or a controlled substance or a controlled substance analog under §961.41(3g) when trying to help a victim of overdose. [continue reading…]

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City of Madison v. Jacob Ong, 2015AP1176, 10/20/16, District 4 (1-judge decision; ineligible for publication) case activity (including briefs)

The court rejects all challenges to this pro se appellant’s jury-trial conviction of an ordinance violation for stealing a letter from a mailbox. [continue reading…]

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