5 results for 'judge:"Blanchard"'.
J. Blanchard finds the circuit court did not err when, at the state's request upon remittitur, it reopened defendant's judgment of conviction on a DUI charge that was reversed on appeal, dismissed the DUI charge, reinstated a previously dismissed charge of driving with a restricted controlled substance, and entered a guilty conviction and re-sentenced defendant on that charge. The circuit court's actions adhered to state statutes, including one involving the "single-conviction provision," did not exceed its authority, and did not violate defendant's double jeopardy rights. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: April 11, 2024, Case #: 2023AP000645-CR, Categories: Double Jeopardy, Dui
J. Blanchard finds the circuit court properly denied the inmate's petition for a writ of certiorari in his challenge to sanctions of disciplinary separation and restitution ordered by the prison disciplinary committee for possession of intoxicants and use of intoxicants that required an ambulance to take him to the hospital. Despite the inmate's claim of delays that were out of his control, the record shows he failed to submit all the necessary administrative documents relevant to his case within 45 days of the state corrections secretary's adverse decision on his inmate complaint, making his challenge untimely under statutes and giving the circuit court authority to dismiss his petition. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: February 22, 2024, Case #: 2022AP001076, Categories: Administrative Law, Prisoners' Rights
J. Blanchard finds the circuit court partially erred in modifying maintenance payments the ex-husband must pay to the ex-wife under the terms of their 1999 divorce to $3,850 per month after the payments were initially lowered from $4,500 to $2,800 based on the ex-husband being unable to work for several months due to spinal surgery. The portion of the circuit court's order setting the payments at $3,850 per month is reversed, as the court failed to properly explain the basis for the award based on facts like the parties' total assets and monthly income, and on remand the court is ordered to explain the basis for whatever award it deems necessary. The circuit court did not err in ordering the ex-husband to pay the ex-wife $19,000 in attorney fees and, based on the language of the relevant statutes, the circuit court had competency to hold the hearing de novo requested by the ex-wife even though the hearing occurred more than 60 days after she requested it, as the 60-day time frame in the statute is directory and not mandatory. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: December 21, 2023, Case #: 2023AP000573, Categories: Family Law, Attorney Fees
J. Blanchard finds the circuit court properly denied defendant's motion to suppress evidence in his child pornography case based on police officers' violation of Wisconsin statutes setting a time limit for executing a search warrant once it is issued. The police did not violate the relevant statutes by taking almost two months to complete an off-site forensic analysis of a computer and other digital devices seized from defendant's home, as under the statutes the term "execute" applies to the physical search of a place and seizure of items, and the police satisfied the statute's five-day deadline to execute a search warrant by searching defendant's home three days after the warrant was issued. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: October 12, 2023, Case #: 2022AP002060-CR, Categories: Evidence, Search, Child Pornography
J. Blanchard finds partially in favor of the consumer in his dispute with the creditor over collection efforts for a $500 loan with a 399% annual percentage interest rate. The circuit court improperly dismissed the consumer's good faith counterclaim, as at least one set of allegations in the counterclaim regarding violations of notice of right to cure requirements is sufficiently pleaded under the Wisconsin Consumer Act, and the circuit court's order is reversed for those allegations. The circuit court also improperly dismissed the consumer's unconscionability counterclaim under the Act, as the creditor's initial filing of its lawsuit attempting to collect the balance of the loan plus nearly $2,000 in interest and fees triggered the potential for such a claim, and it does not matter that the creditor successfully moved for voluntary dismissal of its claim, though the circuit court's voluntary dismissal decision is upheld. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: June 22, 2023, Case #: 2022AP000746, Categories: Consumer Law, Contract