May 28, 20232 min read
SCOW DIGs case; justices dispute whether they should say why
State v. Jackson, 2023 WI 37, 5/12/23, dismissing as improvidently granted review of an unpublished court of appeals opinion, 2019AP2383;...
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May 25, 20234 min read
SCOW majority overrules Shiffra/Green
State & T.A.J. v. Alan S. Johnson, 2023 WI 39, 05/16/2023, reversing a published court of appeals decision, case activity (including...
May 24, 20234 min read
Essential reading: Dallet's concurrence in the Marsy's law case
Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2023 WI 38, 5/16/23, on certification from the court of appeals;...
May 16, 20232 min read
Defense Win! Application of "best evidence rule" results in reversal of Ch. 51 commitment
Dane County v. D.F.B., 2022AP1852, District 4, 05/11/2023 (1-judge opinion, ineligible for publication); case activity A jury found...
May 12, 20233 min read
Defense Win! Invalid waiver of right to counsel results in reversal of TPR order
Winnebago County Department of Human Services v. N.J.D., 2023AP75, 05/03/2023 (District 2) (one-judge opinion, ineligible for...
May 11, 20233 min read
Defense win! Courts can't apply §939.62(1) and §961.48 enhancers at the same time
In a decision recommended for publication, the court of appeals holds that under §973.01(2)(c) a circuit court may apply either...
May 11, 20232 min read
COA: Officer had reasonable suspicion for Terry stop
State v. Jonathan M. Mark, 2022AP001739-CR, 5/10/23, District 2 (1-judge opinion, ineligible for publication); case activity (including...
May 9, 20233 min read
COA affirms default TPR against incarcerated dad
The County petitioned for a TPR arguing that "Tad" failed to assume parental responsibility for "Malcom." The County served Tad with the...
May 8, 20232 min read
Defense win: Defendant alleged sufficient facts to get a hearing on his motion to reopen a defaul...
State v. Peter John Long, 2022AP496, District 2, 5/3/23 (one-judge decision; ineligible for publication); case activity (including...
May 8, 20235 min read
Defense win: Post-sentencing vacatur of prior OWIs may constitute a new factor justifying sentenc...
State v. James J. Socha, 2021AP1083-CR & 2021AP2116-CR, District 1, 4/25/23 (not recommended for publication); case activity (including...
May 1, 20232 min read
COA holds error in information didn't invalidate repeater enhancer
State v. Steven M. Nelson, 2021AP843-845, 4/4/23, District 3 (not recommended for publication); case activity (including briefs) Nelson...
May 1, 20234 min read
Defense win! Seventh Circuit affirms habeas grant, holds right to counsel attaches when CR-215 fo...
Nelson Garcia, Jr., v. Randall Hepp, No. 21-3268, 4/25/23, affirming Nelson Garcia, Jr. v. Brian Foster A long line of Supreme Court...
May 1, 20231 min read
April 2023 publication list
On April 26, 2023, the court of appeals ordered publication of the following criminal law related decisions: Outagamie County v....
May 1, 20232 min read
Supreme court will review mine-run reasonable suspicion case
State v. Donte Quintell McBride, 2021AP311-CR, state's petition to review an unpublished court of appeals decision granted, 4/18/23; case...
Apr 25, 20232 min read
COA rejects claim that decision to deny expungement was based on inaccurate information
State v. Isaac M. Gabler, 2022AP995-CR, District 2, 04/19/23 (one-judge opinion, ineligible for publication); case activity Gabler pled...
Apr 24, 20232 min read
Defense win! "Serious felony against a child" finding reversed in TPR appeal
Brown County Department of Human Services v. S.K., 2023 WI App 27; case activity A court has grounds to terminate parental rights under...
Apr 23, 20231 min read
COA reverses 15-day suspension of operating privileges
County of Grant v. Brad Alan Hochhausen, 2022AP1065, 4/13/23, District 4; (1-judge opinion, ineligible for publication); case activity...
Apr 23, 20232 min read
Dad's criminal record appropriately admitted into evidence during grounds phase of TPR
"Barry" appealed an order terminating his parental rights to his 4 1/2-year-old daughter, Alice. He argued that the circuit court erred...
Apr 19, 20233 min read
COA affirms involuntary med order, but "strongly encourages" counties to "take more care...in the...
Winnebago County v. L.J.F.G., Case No. 22Ap1589, District 2, 04/12/2023 (one-judge opinion, ineligible for publication); case activity...
Apr 17, 20232 min read
COA considers and rejects pro se defendant's various jurisdictional and legal process claims
State v. Kit R. Stilwell, 2022AP1734-CR, District 2, 4/05/23 (1-judge opinion, not eligible for publication); case activity (including...
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