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Category: Criminal Appeal

SCOW deals with GPS devices, search warrants

State v. Johnny K. Pinder: whether a warrant to attach a GPS device to a vehicle was void for failure to abide by statutory requirements On November 16, 2018 the Supreme Court of Wisconsin issued an interesting decision regarding GPS devices.  In State v. Johnny K. Pinder, 2018 WI 106, the Court confronted the issue of…

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Sentence Credit – Harder Than It Seems

Calculating sentence credit in Wisconsin is more difficult than you’d expect. Sentence credit calculations should be simple.  I spent “x” days in jail.  Therefore, I should receive “x” days of credit towards my sentence.  But calculating your sentence credit is rarely that easy.  In this post, criminal defense attorney Benjamin Van Severen discusses sentence credit. …

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Stand Your Ground – A Classic Case

A stand your ground case in Florida recently made national headlines.  Earlier this week, an Uber driver shot and killed a man who threatened him with what he believed to be a gun.  This post recaps the Florida case.  And it discusses the legal implications had this occurred in Wisconsin. If you are facing any kind…

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Brendan Dassey Wins Federal Appeal

In a lengthy decision, Eastern District of Wisconsin Federal Magistrate Judge William Duffin has overturned Brendan Dassey’s 2007 murder conviction of Teresa Halbach.  Dassey gained national attention through the Netflix “Making a Murderer” series.  The series chronicled Dassey’s uncle, Steven Avery, and his ultimate conviction in the murder of Halbach.  Dassey was also convicted of…

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Illegal Stop OK with Valid Arrest Warrant

In a decision that affects criminal defendants throughout the country, the United States Supreme Court has ruled that an illegal stop of a person becomes acceptable if an officer discovers the driver has an outstanding warrant.  The Court further ruled that any illegal contraband discovered as a result of the arrest on the warrant is admissible…

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The Influence of Justice Antonin Scalia

With the passing of Supreme Court Justice Antonin Scalia last week, the Meyer Van Severen, S.C. Blog takes a look back at how he influenced the Supreme Court over the course of his 30 years on the bench. Appointment and Early Days Scalia was appointed by President Ronald Reagan in 1986 after then-Chief Justice Warren…

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Possession – Not as Simple as You’d Think

There are dozens of crimes involving possession of something prohibited by law.  Controlled substances and weapons are the most common items where possession is regulated.  Possession seems pretty straightforward, but in fact, it’s quite the opposite.  This post will examine the different ways to possess an item and legal defenses to possession. Possession – What…

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“Making a Murderer” – The Search for Truth

In a little under one month since its release, the Netflix original documentary “Making a Murderer” has taken America by storm.  The 10-part series was released on December 18, 2015, just in time for the holidays.  The filmmakers take viewers on a nearly 30 year journey, beginning with Steven Avery’s 1985 conviction for sexual assault. …

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I was just sentenced. I want to appeal. What do I do?

Notice of right to seek postconviction relief Pay attention during sentencing.  You’re stressed out and worrying about what is going to happen.  But it’s important you watch for potential appellate issues.  Even if you don’t thoroughly understand the law, you certainly know when something feels off.  After sentencing, your attorney will have you sign a…

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