Apr 17, 20230 min read
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Apr 16, 20233 min read
Defense win: Frisking person before allowing him to sit in squad car was unlawful
State v. Jesse E. Bodie, 2021AP1656-CR, District 4, 4/13/23 (not recommended for publication); case activity (including briefs) A state...
Apr 13, 20233 min read
SCOW to decide whether to relax strict application of statutory substitution deadline
State of Wisconsin ex rel. Antonio S. Davis v. Circuit Court for Dane County and Honorable Ellen K. Berz, 2022AP1999-W, PFR granted...
Apr 10, 20233 min read
COA denies IAC claims re failure to move for suppression and to cross-examine officer effectively
Gill was convicted for possession of THC and for operating a vehicle with a detectable amount of THC in his blood. He argued that his...
Apr 7, 20234 min read
Circuit court didn't lose jurisdiction by dismissing charges and then quickly reinstating them
State v. Rasheem D. Davis, 2023 WI App 25; case activity (including briefs) Addressing an issue of first impression in Wisconsin, the...
Apr 6, 20234 min read
Unanimous SCOW holds that state "cured" plea breach and reverses COA order for resentencing
State v. Robert K. Nietzold, Sr., 2023 WI 22, 03/28/2023, reversing an unpublished court of appeals opinion; case activity (including...
Apr 3, 20234 min read
SCOW allows DAs to comment indirectly on a defendant's decision to remain silent
State v. Tomas Jaymitchell Hoyle, 2023 WI 24, 3/31/22, reversing an unpublished court of appeals opinion; case activity (including...
Apr 3, 20232 min read
7th Circuit: Shackling during trial didn't undermine right to present complete defense
Shirley was shackled while he testified at his jury trial for 1st degree reckless homicide. In this federal habeas appeal, he argued that...
Apr 2, 20234 min read
Defense win! Cop didn't have reasonable suspicion to keep detaining driver who didn't smell like ...
State v. Noah D. Hartwig, 2022AP1802, 3/30/23, District 4; (one-judge decision; ineligible for publication) case activity (including...
Mar 29, 20231 min read
March 2023 publication list
On March 29, 2023, the court of appeals ordered the publication of the following criminal law related decisions: State v. Lynne M....
Mar 29, 20232 min read
Officer had reasonable suspicion to extend traffic stop
State v. Jeffrey D. Kosmosky, 2022AP1754-CR, District 2, 3/29/23 (one-judge decision; ineligible for publication); case activity...
Mar 28, 20233 min read
Defense Win! Father entitled to evidentiary hearing on TPR plea withdrawal claim
State v. N.H., 2022AP1945, District 1, 03/14/2023, (one-judge decision, not eligible for publication) case activity This case presents a...
Mar 24, 20231 min read
SCOW takes up §904.04(2)(b) and the "greater latitude" rule
In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude†rule and the...
Mar 23, 20233 min read
Defense win! TPR reversed due to errors in plea colloquy and disposition
The court of appeals reversed and remanded this TPR for two reasons. First, the mom made a prima facie case that her "no contest" plea to...
Mar 23, 20233 min read
Daughter lacks standing to challenge mother's protective placement
Waukesha County DHHS v. M.A.S., 2022AP877, District 2, 3/22/23 (one-judge decision; ineligible for publication); case activity R.B....
Mar 23, 20233 min read
Minnesota administrative suspension counts as prior OWI
State v. Jenny E. Clark, 2022AP495-CR, District 4, 3/23/23 (one-judge decision; ineligible for publication); case activity (including...
Mar 22, 20233 min read
FAQ: May a person stipulate to extend a temporary protective placement?
The filing of an Emergency Protective Placement petition under §55.135(1) triggers a probable cause hearing within 72 hours. Once the...
Mar 20, 20232 min read
COA holds moving motorist within parking not not unreasonable transport
State v. Adekola John Adekale, 2022AP1351, 3/9/20223, District 4 (one-judge decision; ineligible for publication); case activity...
Mar 19, 20232 min read
Defense win! Evidence insufficient for 3rd standard recommitment
Counties often seek recommitment under §51.20(1)(a)2.c, the third standard of dangerousness. It is the easiest standard to...
Mar 16, 20233 min read
"Active efforts" to preserve family required by ICWA are measured at time of disposition, not by ...
Brown County v. J.J., 2021AP1079, District 3, 3/7/23 (one-judge decision; ineligible for publication); case activity Before an Indian...
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