On Point blog, page 3 of 3
Court of appeals issues important decision on fumbled e-filings
State v. Ayodeji J. Aderemi, 2023 WI App 8; case activity (including briefs)
This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the State’s Information. Aderemi argued that the fumble caused the State to miss its filing deadline, so under §971.01(2) the circuit court had to dismiss the case without prejudice. In a split decision, recommended for publication, the majority (White and Brash) ruled for the State. The dissenter (Dugan) faults the majority for ignoring important parts of Wisconsin’s e-filing statute. He would reverse and remand for an evidentiary hearing.
January 2023 publication list
On January 25, 2023, the court of appeals ordered the publication of the following criminal-law related decision:
State v. Steven W. Bowers, 2023 WI App 4 (affirming suppression of evidence seized during warrantless search of defendant’s Dropbox account)
Defense Win! COA upholds suppression of evidence obtained from defendant’s Dropbox account
State v. Steven W. Bowers, 2023 WI App 4; case activity (including briefs)
In this important decision addressing a novel Fourth Amendment issue, the court of appeals holds that Bowers had a reasonable expectation of privacy in the contents of his Dropbox account, despite the fact he (1) used his work email address to create the account and (2) uploaded case files and shared them without permission. (Opinion, ¶43). The court further holds that although investigators had probable cause to search the account for evidence of Bowers’ alleged crime, no exigent circumstances justified the warrantless search. (¶3).