State v. X.S., 2021AP419, review of an unpublished court of appeals opinion, granted 10/18/21, case activity Issues: 1. Whether the court of appeals erroneously exercised its discretion in denying “Xander’s” motion for reconsideration less than 24 hours after it was
Continue Reading SCOW takes up appellate review of juvenile waiver decisions
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Do undocumented immigrants have 2nd Amendment rights?
That is the subject of today’s Immigration Professors’ blog post, which reports that the 2nd Circuit recently addressed the issue and links to a lengthy law306.com article highlighting a split among the circuits. Apparently, the 4th, 5th, and 8th Circuits…
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Should unarmed DOT workers handle traffic enforcement?
That’s what Berkeley, California did. Read about the measure and its impact in this article from The Atlantic.
Continue Reading Should unarmed DOT workers handle traffic enforcement?
Traffic stop based on mistake of law upheld
State v. Kyle M. Kleinschmidt, 2020AP881-Cr, 10/13/21, District 3 (1-judge opinion; ineligible for publication); case activity (including briefs) Kleinschmidt’s vehicle had two brake lights in good working order, but it also had a high-mount brake light that was not working. …
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Defense win! COA reverses and remands for hearing on child porn surcharge
State v. William C. MacDonald, 2020AP605-CR, 10/14/21, District 4 (not recommended for publication); case activity (including briefs) Section 973.042(2) mandates a $500 surcharge for each image “associated with the crime” of possession of child pornography. The State charged MacDonald with…
Continue Reading Defense win! COA reverses and remands for hearing on child porn surcharge
New study shows Wisconsin leads nation in Black imprisonment rates
A new study by the Sentencing Project finds that nationally “one in 81 Black adults per 100,000 in the U.S. is serving time in state prison. Wisconsin leads the nation in Black imprisonment rates; one of every 36 Black Wisconsinites…
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Are appeals from expired involuntary med orders ever moot?
Milwaukee County v. R.T.H., 2019AP1763, 10/12/21, District 1 (1-judge opinion, ineligible for publication); case activity This decision raises an important question of first impression: Are appeals from expired involuntary medication orders ever moot? The court of appeals holds that once…
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Another Ch. 51 recommitment reversed due to a circuit court’s violation of D.J.W.
Milwaukee County v. D.C.B., 2021AP581, 10/12/21, Distract 1 (1-judge opinion, ineligible for publication); case activity Before a circuit court enters an order to recommit a person under Chapter 51, it is supposed to make specific factual findings with reference to…
Continue Reading Another Ch. 51 recommitment reversed due to a circuit court’s violation of D.J.W.
A new Jury Instruction for Ch. 51 recommitment proceedings.
FYI, the Civil Jury Instruction Committee has revised JI 7050 to take account of DJW and other recent cases. Of note, there is now a new instruction, JI 7050A, for recommitment proceedings. They are available in both Word and PDF…
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Court of appeals takes hard line on appeals from municipal court decisions
City of Port Washington v. Sandra J. Koziol, 2021AP449-450-FT, 10/6/21, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs) Each year, Wisconsin’s municipal courts resolve close to half of a million cases, including traffic offenses, OWIs, and other…
Continue Reading Court of appeals takes hard line on appeals from municipal court decisions