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…

CONTINUE READING

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. …

CONTINUE READING

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…

CONTINUE READING

Sealing Your CCAP Record

The Wisconsin Circuit Court Access website, or CCAP, shows all filings in circuit courts throughout Wisconsin, including criminal, family, and small claims cases.  As it relates to a criminal case, a user can discover a wealth of data with only a few clicks, including the status of the case, the next court date, and what…

CONTINUE READING

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…

CONTINUE READING

“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. …

CONTINUE READING

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

Sometimes your case isn’t finished when you’re sentenced.  If something doesn’t seem right, or you think someone screwed up, whether it’s the court, your attorney, or the district attorney, you might have a basis to seek relief in the Court of Appeals. The first, and important, step to take when you want an appeal is…

CONTINUE READING