State v. George Steven Burch, 2019AP404-CR, certification granted 11/18/20; case activity (including briefs)
Issues presented (from the certification):
Did police violate Burch’s Fourth Amendment rights by:
Continue Reading SCOW to Address Important Cell Phone Search Issues
State v. Frank P. Smogoleski, 2019AP1780-CR, District 2, 11/18/20 (not recommended for publication); case activity (including briefs)
The state wins its appeal of two circuit court orders, one excluding the use of preliminary hearing testimony of a witness who is now dead, the other excluding other-acts evidence.
Smogoleski is charged with sexual assault of “Emily,” who was under the influence of an intoxicant. The alleged assault occurred at an underage drinking party, and “Jon” was a witness to
Continue Reading Circuit court erred in excluding prior testimony, other acts evidence
State v. Timothy M. Argall, 2020AP907-CR, District 2, 11/18/20 (one-judge decision; ineligible for publication); case activity (including briefs)
Argall was arrested for OWI based on a plethora of evidence—viz., driving after dark without headlights, slurred speech, odor of alcohol, inability to follow questions or give direct answers, admission of drinking 4 to 6 beers, 0.201 PBT. His gripe, though, is with the pre-FST pat down that found a pot pipe in his pocket. Assuming it was invalid, the
Continue Reading Befuddled court rejects challenge to OWI conviction
State v. Daniel J. Van Linn, 2019AP1317, 11/17/20, District 3 (not recommended for publication); case activity (including briefs)
Police found Van Linn injured and intoxicated near the scene of an accident, and an ambulance took him to the hospital for treatment. At the hospital Van Linn refused an officer’s request that consent to a blood draw; the officer, claiming exigency, ordered blood taken anyway. Van Linn moved to suppress and the court held there was no exigency, and
Continue Reading COA says hospital’s BAC data was independent source after cop’s draw suppressed
State v. Jacob Richard Beyer, court of appeals certification granted 11-18-20, 2019AP1983; case activity (including briefs)
Issue presented (from the certification):
[W]hether the guilty-plea waiver rule applies when a defendant pleads not guilty to an offense, but stipulates to the inculpatory facts supporting each element of the offense, and explicitly agrees to a finding of guilt at a hearing before the circuit court at which no witness testifies.
Beyer litigated and lost on a discovery issue in the circuit
Continue Reading SCOW will address “stipulated trials” to preserve issues for appeal
State v. Jordan Alexander Lickes, review of a published court of appeals decision granted 11/18/20; case activity (including briefs)
Issues presented (from the PfR):
Does the expungement statute’s requirement that a probationer have “satisfied the conditions of probation” also mean that the probationer must perfectly comply at all times with each and every rule of probation set by the probation agent?
When a circuit court chooses to hold a hearing and exercise discretion to determine whether a probationer who
Continue Reading SCOW will again address effect of rule violations on expunction
The insurance world is quickly becoming online. While most towns still have a local State Farm agent, you are more likely to see dozens of insurance apps and Internet advertisements. Many of these sites and apps advertise they can find you the best price on a wide variety of insurance products including life, car and home insurance policies.
According to J.D. Power, about 75% of people seeking insurance now shop online.
How many people have heard the radio
Continue Reading Unwanted Insurance Company Calls and Texts
How to Stop Nuisance Calls in Texas
Americans received 58.9 billion robocalls last year. And that total is up 22% from the year before! President Trump signed into law the TRACED Act in late December 2019 that gives greater enforcement power to the FCC but thus far, we haven’t seen a big decrease in illegal telemarketing calls. And the state that
Continue Reading Texas Robocall Lawyer
After a plea is entered the District Attorney provides discovery, which includes police reports, witness statements, photographs and any audio or video recordings taken during the course of the criminal investigation. It is not uncommon for supplemental reports to be exchanged during the course of the case.
Continue Reading Steps in Criminal Cases: Discovery and Pretrial Negotiations
The decision in State v. Gramza, 2020AP100-CR (Nov. 10, 2020) resolves an apparent conflict between a statute requiring a mandatory prison term for OWI-7th offenders and a statute that allows early release upon successful completion of a treatment
Continue Reading Appeals Court: Early Release Not an Option for OWI Defendant, 7th Offense
We get a chill up our spine when people say Medicare fraud is a victimless crime. It’s not just taxpayers that get ripped off. Very often patients are harmed by the very doctors they trust with their care. In this post we examine a 70 year old obstetrician-gynecologist now facing 465 years in prison after performing dozens of medically
Continue Reading Doc Performed Unnecessary Hysterectomies – Medicaid Fraud Post
Waukesha County v. E.J.W., 2020AP370, 11/4/20, District 2 (1-judge opinion; ineligible for publication); case activity
Section 51.20(11)(a) provides that an individual or his counsel must demand a jury trial at least 48 hours before the time set for his final commitment hearing. At the start of his hearing, E.J.W requested a substitution of trial counsel and a jury trial. The court granted the substitution of counsel and postponed the trial 7 days, but it would not reset the
Continue Reading Good cause is no excuse for failure to file timely jury demand for Chapter 51 final hearing
Waukesha County v. L.J.M., 2020AP820, 11/4/20, District 2 (one-judge decision; ineligible for publication); case activity
L.J.M. (“Lisa”) appeals the extension of her commitment under ch. 51. In a thorough opinion, the court of appeals affirms, though not without pointing out deficiencies in the county’s case and the circuit court’s decision.
Lisa has been committed for 20 years; she has a diagnosis of schizoaffective disorder. For a time she received biweekly injections of a psychotropic medication. Her case manager
Continue Reading COA takes close look at 51 extension, sees problems, affirms
Waukesha County v. I.R.T., 2020AP996, 11/4/20, District 2 (one-judge decision; ineligible for publication) case activity
The county sought to extend I.R.T.’s commitment but could not be located for a time. Eventually the court issued a capias and I.R.T. was arrested. At the extension hearing, there was testimony that after his parole in a criminal matter ended I.R.T. had become homeless and had not taken medications or communicated with the county or his “outpatient prescribers.” (¶14). A
Continue Reading Court rejects hearsay, sufficiency claims in ch. 51 appeal
State v. Jack B. Gramza, 2020AP100-CR, District 1, 11/10/20 (recommended for publication); case activity (including briefs)
If an inmate serving the initial confinement (IC) portion of a bifurcated sentence completes the Substance Abuse Program (SAP), § 302.05(3)(c)2. mandates that the sentencing court “shall” modify the inmate’s sentence by converting the remaining period of IC to extended supervision (ES) so that the inmate is released from confinement to ES. The court of appeals holds this mandate doesn’t apply to
Continue Reading Mandatory minimum for OWI trumps SAP early release requirement
State v. Jack Ray Zimmerman, Jr., 2020AP475, District 2, 11/4/20 (one-judge decision; ineligible for publication); case activity (including briefs)
….not “lifetime since January 1, 1989.”
This is an appeal from an order revoking Zimmerman’s operating privileges for refusing a blood test after being arrested for OWI, third offense. Zimmerman argues his decision to refuse wasn’t fully informed because the officer “mischarged” him and wrongly informed Zimmerman he was on his third OWI offense. (¶¶2-3, 8 n.2
Continue Reading “Lifetime” means “lifetime”….