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Court of appeals rejects DOJ’s reading of arrest record expungement statute

Demonta Antonio Hall v. Wisconsin Department of Justice, 2020 WI App 12; case activity (including briefs)

In a decision that will certainly benefit some people who were arrested for a crime but never charged, the court of appeals orders the Department of Justice to expunge its records showing Demonta Hall was arrested for two felony offenses that were never prosecuted.

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COA: Paper copies didn’t satisfy open records request for emails

Bill Lueders v. Scott Krug, 2019 WI App 36; case activity (including briefs)

Here’s a non-criminal case that may nevertheless prove useful to your criminal practice, if you seek information via the open-records law. Lueders (a reporter) sent an open records request to Krug (a state legislator)’s office, asking for emails referring to a particular set of subjects. Krug’s office responded by supplying paper printouts of the requested emails; Lueders replied that he specifically wanted an electronic version of the emails, which Krug’s office refused to give him. The court of appeals now upholds the circuit court’s ruling that Lueders was entitled to the electronic data.

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SCOW scolds DOJ for releasing erroneous criminal history reports, but justices don’t agree on remedy

Dennis A. Teague v. Brad A. Schimel, 2017 WI 56, 6/8/17, reversing a published court of appeals decision; case activity (including briefs)

Dennis Teague has no criminal record, but if you ask DOJ to run a criminal background check on him DOJ will hand over a lengthy rap sheet showing someone else’s criminal history. Why? Because that someone else once used Teague’s name as an alias. The good news is the supreme court holds DOJ is wrong to give out someone else’s history in response to an inquiry about Teague. The bad new is the court can’t agree on the remedy for Teague and others in his situation.

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SCOW: Open records law exempts Sheriff Clarke from disclosing immigration detainer forms

Voces de La Frontera, Inc. v. David A Clarke, Jr., 2017 WI 16, reversing a published court of appeals opinion, 2/24/107; case activity (including briefs)

Voces filed an open records request for immigration detainer forms (aka I-247 forms) for persons held at the Milwaukee County Jail. It wanted to confirm that Sheriff Clarke was following federal law governing the deportation of immigrants. See Journal Sentinel story. When Clarke provided only redacted forms, Voces sued for full disclosure and won at the circuit court and the court of appeals. SCOW now reverses in a decision the dissent calls a loss for the people of Wisconsin and their longstanding commitment to open government.

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SCOW denies open records law request for DA training videos

Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2016 WI 100, 12/28/16, reversing a summary disposition of the court of appeals; case activity (including briefs)

Before the November 2014 election, the Democratic Party of Wisconsin filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney General. The Department of Justice denied the request, but a circuit judge ordered the videos to be released, and the court of appeals affirmed that order. In an opinion that will arguably enhance the ability of prosecutors to deny release of their records—or, as the dissent aptly describes it, will dim or even shut out some of the light meant to be shed by Wisconsin’s “Sunshine Law”—a majority of the supreme court holds the videos don’t have to be released.

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Voces de la Frontera, Inc. v. David A. Clarke, Jr., 2015AP1152, petition for review granted 6/15/16

On review of a published court of appeals opinion; case activity (including briefs)

Issues (from petition for review):

Does Wisconsin Open Records Law require the records custodian of a local law enforcement agency to produce federal immigration detainer hold documents (I-247s) received from U.S. Immigration and Customs Enforcement (ICE), despite the specific prohibition contained in 8 C.F.R. §236.6.

In the alternative, does the balancing test set forth under the Wisconsin Open Records Law weigh in favor of the non-production of these same federal immigration detainer hold documents received by a local law enforcement agency from ICE?

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Sheriff Clarke ordered to produce unredacted immigration detainer forms

Voces De La Frontera, Inc. v. David A. Clarke, Jr., 2016 WI App 39, petition for review granted 6/15/16, reversed, 2017 WI 16; case activity (including briefs)

Voces De La Frontera submitted an open records request for all immigration detainer forms that Sheriff David Clarke received during a 15-month period. Clarke supplied the forms but redacted 5 categories of information from them, including the person’s nationality and immigration status. So Voces sought, and received, a circuit court writ of mandamus ordering Clarke to produce the records. The court of appeals here affirms that writ.

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Wisconsin Democratic Party v. DOJ, 2014AP2536, review granted 1/7/16

Review of a court of appeals summary disposition, case activity (including briefs)

Issues (from the DOJ’s PFR here, Democratic Party’s response here):

  1.  The public records law contemplates that some records should not be disclosed because it would be contrary to the public interest, and courts recognize the public importance of protecting crime victims and law enforcement techniques. Here, DOJ determined that releasing videos from prosecutors’ training seminars would not be in the public interest because the videos contained discussions of crime victims and law enforcement strategy. Was DOJ’s rationale sufficient to overcome the presumption of disclosure?

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Open records law requires disclosure of videos of training presentations made by candidate for Attorney General

Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs)

While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of the case: Before the November 2014 election, the Democratic Party filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney General. The Department of Justice denied the request, but a circuit judge ordered the videos to be released. The court of appeals affirms that order.

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Open Records / Public Access to Court Records: Treatment Records, Generally – NGI Conditional Release Plan; Appellate Procedure: “Aggrieved Party” Right to Appeal

In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity

Open Records / Public Access to Court Records – Treatment Records, Generally 

(Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release plan:)

¶25      While this is a criminal commitment case following an NGI finding under Wis.

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