Feb 13, 20233 min read
COA asks SCOW to clarify §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...
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Feb 12, 20232 min read
Defense win! COA affirms suppression of breath and blood tests due to DA's errors
A state trooper stopped Thatcher for a suspected OWI, the trooper read the Informing the Accused Form, and, according to Thatcher,...
Feb 12, 20232 min read
Officer's additional information didn't mislead driver about blood test
County of Dunn v. Kevin J. Cormican, 2020AP1895, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity...
Feb 9, 20233 min read
COA holds mandatory minimum for OWI 5 or 6 doesn't allow for probation
Shirikian pleaded to OWI as a fifth offense. Back in 2019, the legislature amended the statutes to create a both a presumptive and a...
Feb 9, 20234 min read
Checking two boxes on court form satisfies D.J.W.'s "specific factual findings" requirement
Barron County v. K.L., 2022AP502, District 3, 02/07/2023 (one-judge decision, ineligible for publication), case activity K.L. (Katie)...
Feb 6, 20234 min read
Defense win: SCOW orders Machner hearing
State v. Larry L. Jackson, 2023 WI 3, 01/20/23, affirming in part, reversing in part, and remanding a per curiam court of appeals...
Feb 1, 20233 min read
Court of appeals issues important decision on fumbled e-filings
This appeal concerns a problem many will encounter. An alleged attempt to e-file a document apparently failed. Here, the document was the...
Jan 31, 20232 min read
SCOW will review scope of double jeopardy bar to retrial
State v. James P. Killian, 2020AP2012, review of a published court of appeals decision granted 1/20/23; case activityIssues presented...
Jan 30, 20232 min read
Reasonable inferences from doctor's testimony sufficient to sustain recommitment
Winnebago County v. D.J.S., 2022AP1281, District 2 (one-judge decision ineligible for publication), case activity Accompanied by a...
Jan 27, 20233 min read
Circular reasoning upheld as mother testifies about father's suspected heroin use during TPR trial
N.D. v. E.S., 2022AP1084, District 2, 01/25/23 (one-judge decision; ineligible for publication); case activity Nancy (N.D.) petitioned to...
Jan 26, 20231 min read
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....
Jan 24, 20232 min read
TPR summary judgment motion may be filed anytime before trial
Brown County DHHS v. T.R., 2022AP1094, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity In a TPR...
Jan 24, 20233 min read
Evidence proved County made reasonable efforts to provide services to parent under CHIPS order
Rusk County DHHS v. R.S., 2022AP1530, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity R.S. ("Ruth")...
Jan 24, 20233 min read
COA rejects hearsay arguments, affirms recommitment under 2nd standard of dangerousness
Rock Count v. H.V., 2022AP1585-FT, 1/20/23, District 4; (1-judge opinion, ineligible for publication); case activity This is an appeal...
Jan 24, 20233 min read
Evidence at recommitment hearing established mental illness and dangerousness under 3rd standard
This appeal involves a recommitment under the 3rd standard of dangerousness. G.M.M. argued that the county presented insufficient...
Jan 24, 20233 min read
Trial counsel's advice about immigration consequences was sufficient
State v. Ahmed A.M. Al Bawi, 2021AP432-CR, District 3, 1/18/23 (not recommended for publication); case activity (including briefs) Al...
Jan 19, 20232 min read
COA affirms TPR order and holds that claimed structural error requires post-disposition motion an...
State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity Ultimately, the issue...
Jan 19, 20232 min read
COA rejects mother's claim that circuit court improperly weighed best interest factors at TPR dis...
State v. E.B., 2022AP1882, District 1, 01/18/2023 (one-judge decision, ineligible for publication), case activity This case concerns only...
Jan 19, 20232 min read
Officer had reasonable suspicion to detain driver to perform field sobriety tests (1/18/23 #1)
State v. Kelly A. Monson, 2022AP1438-CR, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including...
Jan 19, 20232 min read
Officer had reasonable suspicion to detain driver to perform field sobriety tests (1/18/23 #2)
County of Winnebago v. Ryan C. Kaltenbach, 2022AP794, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity...
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