Page 1 of 988
Court of Appeals certification asks whether Fourth Amendment safeguards are implicated when ESPs scan for child pornography
State v. Andreas W. Rauch Sharak, 2024AP469-CR, 1/16/25, District 4; case activity (including briefs) Rauch Sharak’s appeal concerns whether Fourth Amendment safeguards are implicated when an electronic service provider (ESP) scans for and reviews digital files in an individual’s account that are flagged as child pornography; and when law enforcement subsequently opens and views any flagged […]
- 1. Appeals
- A. Expectation of privacy
- A. Certification requests
- 4. Cell phones
- F. Private search or seizure
- H. Certification by COA
- 35. Search & Seizure
- 46. WI Court of Appeals
January 20, 2025
Defense Win! Evidence insufficient to continue ch. 55 protective placement orders
Monroe County v. H.K.B., 2024AP1305, District 4, 1/16/25 (one-judge decision; ineligible for publication); case activity On appeal from the two most recent Watts review hearings, the COA concludes that there was insufficient evidence for the protective placement order because the County failed to prove that H.K.B. was “so totally incapable of providing for . . […]
COA: Suppressing evidence of blood draw not viable remedy even if conditions of confinement were unreasonable under the Fourth Amendment.
State v. Holly J. Grimslid, 2024AP954, 1/16/24, District IV (one-judge decision; ineligible for publication); case activity COA holds that, even if officer’s actions denying the defendant’s request to use the bathroom while he waited to obtain warrant for a blood draw were unreasonable under the Fourth Amendment, suppressing evidence of the blood draw is not […]
- 1. Generally
- C. Unpublished Opinions
- H. Exclusionary rule
- 35. Search & Seizure
- 46. WI Court of Appeals
January 17, 2025
COA finds consent to blood draw valid in a detailed discussion of Wisconsin’s implied consent statutes recommended for publication.
State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek […]
- Published 2025
- Blood Test Admissibility
- 1. Consent
- B. Published opinions
- b. Acquiescence
- B. Chs. 343-346: Traffic offense
- 3. Evidence
- 9. Crimes
- 46. WI Court of Appeals
- Uncategorized
January 9, 2025
COA rejects challenges to continued protective placement and affirms
Wood County v. P.J.L., 2024AP2098-FT, 1/9/25, District IV (one-judge decision; ineligible for publication); case activity In a chapter 55 appeal arising from a somewhat unusual posture–a continued protective placement order following a jury trial–COA’s invocation of an exceedingly deferential standard of review results in affirmance.
Defense Win! COA agrees that failure to timely provide examiner reports prior to initial commitment hearing deprives court of competency
Outagamie County v. M.J.B., 2024AP250, 1/7/25, District III (recommended for publication); case activity In a case clarifying a legal question that has persisted for years in 51 litigation, COA holds that when the examiners do not satisfy the statutorily-imposed deadline for filing their reports in connection with a final hearing in an original commitment proceeding, […]
January 8, 2025
Catching up on COA’s publication orders
In October, November and December, COA ordered several cases published which are relevant to our practice:
January 7, 2025
COA affirms order authorizing involuntary medication under ch. 51 where, contrary to the evidence, appellant denies mental illness.
Dane County v. M.A.A., 2024AP1589, 12/27/24, District IV (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order authorizing involuntarily administering medication to M.A.A. in light of evidence that M.A.A. denies he has a mental illness.
- A. Ch. 51, Mental health
- 3. Civil Commitments
- C. Unpublished Opinions
- 4. Involuntary meds
- 46. WI Court of Appeals
- Uncategorized
January 6, 2025
Page 1 of 988
