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Defense Wins: COA reverses Chapter 51 commitment for insufficient evidence of dangerousness.
Monroe County v. M.C., 2024AP924, 12/12/24, District IV (one-judge decision; ineligible for publication); case activity The Court of Appeals reversed the circuit court’s commitment order under Chapter 51 where the court did not make sufficient factual findings to support its conclusion that M.C. was dangerous, as required by D.J.W.
- a. Harm to self
- Defense wins!
- Defense wins!
- Defense wins!
- A. Ch. 51, Mental health
- Defense wins!
- 1. Original commitment
- b. Harm to others
- c. Pattern of acts
- 3. Civil Commitments
- C. Unpublished Opinions
- f. 51.20(1)(a)2. Dangerousness
- 46. WI Court of Appeals
December 16, 2024
COA affirms denial of motion to dismiss for state’s failure to preserve video evidence
State v. Jeffrey A. Roth, 2024AP737, 12/11/24, District II (1-judge decision, ineligible for publication); case activity Three police officers confronted Roth after receiving a complaint that he was stumbling around and then sitting in a vehicle. The state charged Roth with five counts, including resisting. Before his jury trial, which resulted in two misdemeanor convictions, […]
- 1. Constitutional
- B. Non-statutory defenses
- b. Due process
- C. Unpublished Opinions
- C. Exculpatory Evidence
- 10. Defenses
- 13. Due Process
- 46. WI Court of Appeals
- Uncategorized
December 12, 2024
COA holds that circuit court erroneously permitted defendant to represent themselves at a competency hearing
State v. L.J.T., Jr., 2024AP1877-CR, 12/12/24, District IV (one-judge decision; ineligible for publication); case activity In a very unique appeal arising from pretrial competency proceedings, COA holds that the defendant was not competent to exercise the right of self-representation and reverses for a new hearing.
COA: Circuit court may use defendant’s federal disability payments to assess ability to pay restitution.
State v. Eric J. Joling, 2023AP1023-CR, 12/11/24, District II (recommended for publication); case activity Federal law prohibits subjecting social security disability insurance payments (SSDI) to “execution, levy, attachment, garnishment, or other legal process.” 42 U.S.C. § 407(a). In a decision recommended for publication, the Court of Appeals held that a circuit court may nevertheless use […]
COA holds that County sufficiently proved dangerousness in Chapter 51 extension hearing
Trempealeau County v. R.B., 2024AP1052, 12/10/24, District III (one-judge decision; ineligible for publication); case activity COA affirms, holding that the evidence of potential deterioration during commitment period justified extension order.
- A. Ch. 51, Mental health
- 2. Recommitment
- C. Unpublished Opinions
- 3. Civil Commitments
- e. Dangerousness
- 46. WI Court of Appeals
December 11, 2024
SCOW grants review in interesting OWI involving domestic violence victim
State v. Joan L. Stetzer, 2023AP874-CR, petition for review of an unpublished court of appeals decision, granted 12/10/24; case activity In an interesting case asking the justices to probe the competing interests at stake when a victim becomes a criminal defendant, SCOW will be given an opportunity to assess Wisconsin’s coercion defense under some very […]
Defense win! COA affirms suppression of evidence, concluding officer lacked reasonable suspicion for traffic stop
City of Platteville v. Travis Jon Knautz, 2024AP1291 & 1292, 12/5/24, District IV (1-judge decision, ineligible for publication); case activity In this drunk driving forfeiture case, the city appeals an order granting Knautz’s motion to suppress all of the evidence that police obtained after an investigatory traffic stop. The COA affirms, concluding that the city […]
- 1. Appeals
- b. Stop found unlawful
- 2. Traffic stops
- C. Unpublished Opinions
- 5. High crime areas
- E. Specific motions/hearings
- 6. Suppression
- G. Reasonable suspicion
- I. Suppression hearings
- 11. Defense Wins
- K. Standards of Review
- 27. suppression decision
- 30. Pretrial proceedings
- 35. Search & Seizure
- 46. WI Court of Appeals
December 5, 2024
COA holds that funeral costs are recoverable as part of a restitution order in connection with a juvenile disposition order
State v. Q.D.R., 2024AP1067, 12/3/24, District I (one-judge decision; ineligible for publication); case activity In a matter of first impression, COA rejects Q.D.R.’s statutory construction arguments and holds that funeral costs are recoverable under the juvenile restitution statute.
- B. Delinquency proceedings
- C. Unpublished Opinions
- 7. Disposition
- 26. Juvenile proceedings
- 46. WI Court of Appeals
December 4, 2024
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