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Speeding motorist’s attempt to undo conviction in COA fails under governing standard of review
Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact.
- 1. Appeals
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- C. Briefs/Appendices
- 4. Argument
- d. Undeveloped argument
- 8. Discretionary decision
- 9. Crimes
- K. Standards of Review
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
June 12, 2024
Seventh Circuit cases for May
May was quiet; aside from the seismic win in Pope, there were only a few cases of potential interest to our readers:
June 11, 2024
DOJ’s decision to deny application for firearm affirmed where applicant’s misdemeanor crime of domestic violence was expunged.
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, 6/4/24, District III (recommended for publication); case activity Court of Appeals affirms circuit court’s order affirming DOJ’s decision to deny applicant’s request to purchase firearm after applicant’s conviction for a misdemeanor crime of domestic violence was expunged.
June 6, 2024
Police properly requested PBT; had probable cause to arrest intoxicated motorist
State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms.
Defense Win! Evidence was insufficient to support ch. 55 protective placement order
Outagamie County DHHS v. L.C.E., 2023AP929, District 3, 6/4/24 (one-judge decision; ineligible for publication); case activity There was insufficient evidence for the protective placement order because the County failed to prove that “Lauren” was “so totally incapable of providing for . . . her own care or custody as to create a substantial risk of […]
COA finds intoxicated driver was not subjected to “constructive arrest” and affirms denial of motion to suppress
City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms.
Defense Win! Defendant entitled to hearing to determine eligibility for SAP/CIP
State v. Les Paul Henderson, 2023AP2079-CR, 5/31/24, District IV (not recommended for publication); case activity Although Henderson fails to persuade COA that a JOC making him eligible for early release programming controls, he does live to fight another day given COA’s order that he receive a hearing at which time the circuit court will have […]
- 1. Appeals
- C. Unpublished Opinions
- D. Type of punishment
- 8. Discretionary decision
- 8. Boot camp/ERP
- K. Standards of Review
- 36. Sentencing
- 46. WI Court of Appeals
June 3, 2024
Mother’s sufficiency of the evidence challenge rejected because circuit court entered a TPR dispo order “a reasonable judge could reach”
State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms […]
- C. Unpublished Opinions
- F. Fact-finding, Sec. 48.424
- G. Disposition, Secs. 48.426-427
- 10. Sufficiency of
- 40. TPRs
- 46. WI Court of Appeals
May 30, 2024
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