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COA affirms restitution order where no evidence presented to contradict factual assertions; IAC claim forfeited if not raised in circuit court.
State v. Martha R. Elsila, 2024AP1444-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity COA affirms restitution order on appeal challenging witness’s credibility and claiming IAC. COA deferred to the circuit court’s credibility determination given no evidence was presented to contradict witness, and found that appellant’s IAC claim was forfeited because it was […]
March 21, 2025
SCOW clarifies that read-in offenses cannot be used to independently establish ethical violations in attorney discipline case
OLR v. Osman A. Mirza, 2023AP2369-D, February 27, 2025, (per curiam attorney discipline case) In a disciplinary case adjacent to criminal defense practice, SCOW clarifies the impact of having charges “read-in” for purposes of an OLR proceeding.
March 20, 2025
COA holds that traffic stop did not require Miranda warnings and affirms
State v. Jeremy A. Sobotik, 2024AP1976-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity In an appeal seeking to test the boundary between permissible traffic stop inquiries and interrogation requiring Miranda warnings, COA holds that the officer in question did not cross the constitutionally-imposed line and affirms.
COA finds evidence sufficient for medication order in Ch. 51; once again highlights inconsistent case law
Winnebago County v. D.P., 2024AP2391-FT, 3/19/25, District II (1-judge decision, ineligible for publication); case activity In appeal eerily similar to a SCOW case that was dismissed as improvidently granted, COA affirms and holds that the conclusory testimony supporting involuntary medication and recommitment was legally sufficient.
COA: Reasonable suspicion to stop vehicle if police know owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.
State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District III (not recommended for publication); case activity COA affirms circuit court’s order denying Tobin Jagla’s motion to suppress where police stopped the vehicle he was driving after an officer determined the registered owner of the vehicle did not have a Wisconsin driver’s license. Although officer learned during […]
- 1. Appeals
- 1. Stops, in general
- 2. Traffic stops
- C. Unpublished Opinions
- e. Mistake of fact
- G. Reasonable suspicion
- K. Standards of Review
- 23. Search & seizure
- 27. suppression decision
- 35. Search & Seizure
- 46. WI Court of Appeals
March 19, 2025
COA affirms juvenile’s placement at Copper Lake School, rejecting argument that placement was improper until State builds facilities contemplated when Lincoln Hills was closed.
State v. A.A.A., 2024AP2001, 3/12/25, District II (ineligible for publication); case activity COA affirmed the circuit court’s dispositional order placing juvenile in the Serious Juvenile Offender program at Copper Lake School, a Type I juvenile correctional facility for girls. The Court rejected juvenile’s claim that such a placement was not permissible until the State builds […]
- a. Dispositional options
- B. Delinquency proceedings
- C. Unpublished Opinions
- 7. Disposition
- 26. Juvenile proceedings
- 46. WI Court of Appeals
- Uncategorized
March 14, 2025
Seventh Circuit cases for February
February brought a handful of cases potentially relevant to our practice:
SCOW accepts review in two cases focusing on the Fourth Amendment in context of internet surveillance targeting alleged child pornography
State v. Gasper, 2023AP2319, petition for review of a published decision of the court of appeals, granted 3/13/25; case activity State v. Rauch Sharak., 2024AP469-CR, accepting review of a certification, granted 3/13/25; case activity
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