August 2019 publication list

On August 28, 2019, the court of appeals ordered the publication of the following criminal law related cases: State v. David Gutierrez, 2019 WI App 41 (circuit court erred in excluding evidence that DNA of other men was found on a victim’s clothing and buccal swab) State v. Medford B. Matthews, III, 2019 WI App […] Source: WI Public Defenders – On Point August 2019 … Continue reading August 2019 publication list

Court of appeals approves striking black jurors due to their prior bad experiences with police

State v. Malcolm J. Sanders, 2018AP1310-CR, 8/7/19, District 2 (recommended for publication); case activity (including briefs) Sanders is black, and the DA struck the only black jurors from serving on his case because, even though they said they could be fair, they had had prior bad experiences with police, including being the subjects of racial […] Source: WI Public Defenders – On Point Court of … Continue reading Court of appeals approves striking black jurors due to their prior bad experiences with police

June 2019 publication list

On June 26, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Traci L. Kollross, 2019 WI App 30 (filing a citation in municipal court didn’t toll statute of limitations for criminal case based on same conduct) State v. Christopher L. Gee, 2019 WI App 31 (other-acts […] Source: WI Public Defenders – On Point June 2019 … Continue reading June 2019 publication list

COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

State v. Courtney C. Brown, 2017AP774-CR, 6/5/17, District 2 (recommended for publication); case activity (including links to briefs) This is a published, split decision with a vigorous, showstopping “concurrence” by Reilly. Neubauer and Hagedorn hold that after writing Brown a ticket for a seatbelt violation, an officer’s request that he exit his car and consent to […] Source: WI Public Defenders – On Point COA reinforces … Continue reading COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

April 2019 publication list

On April 24, 2019, the court of appeals ordered the publication of the following decisions: Winnebago County v. C.S., 2019 WI App 16 (involuntary medication of committed prisoners) Brown County Human Services v. B.P. & T.F., 2019 WI App 18 (requirements for pleading “abandonment” under § 48.415; summary judgment reversed) Source: WI Public Defenders – On Point April 2019 publication list Continue reading April 2019 publication list

OWI arrest automatically permits search of vehicle and all containers within it

State v. Mose B. Coffee, 2018AP1209-Cr, 4/24/19, District 2, (recommended for publication); case activity (including briefs) This published decision should make for an interesting petition for review. The court of appeals rejects a prior unpublished opinion, State v. Hinderman, to hold: ¶13 . . . [W]hen an officer lawfully arrests a driver for OWI, even […] Source: WI Public Defenders – On Point OWI arrest … Continue reading OWI arrest automatically permits search of vehicle and all containers within it

Partial defense win! Challenges to sec. 48.415(1)(a)’s pleading requirements fail, but summary judgment reversed

Brown County Human Services v. B.P and T.F. 2018AP1259, 2018AP1278, 3/1/19, recommended for publication; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than […] Source: WI Public Defenders – On Point Partial defense … Continue reading Partial defense win! Challenges to sec. 48.415(1)(a)’s pleading requirements fail, but summary judgment reversed

August 2018 publication list

On August 29, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Arthur Allen Freiboth, 2018 WI App 46 (judge doesn’t have to inform defendant during plea colloquy about mandatory DNA surcharge) State v. Terrance Lavone Egerson, 2018 WI App 49 (“let me represent myself” wasn’t an […] Source: WI Public Defenders – On Point August 2018 … Continue reading August 2018 publication list

September 2018 publication list

On September 26, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Norris W. Culver, Sr., 2018 WI App 55 (rejecting constitutional challenges to §§ 942.09 and 941.29) State v. Christopher A. Mason, 2018 WI App 57 (identify theft doesn’t require some extra act of “representing” in […] Source: WI Public Defenders – On Point September 2018 … Continue reading September 2018 publication list