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SCOW relies on deferential standard of review to reject allegation that Zoom procedure violated defendant’s due process rights
State v. Kordell Grady, 2025 WI 22, 6/13/25, affirming COA’s summary disposition order; case activity Although SCOW presumably took this case to clarify the rules of Zoom court–and the oral argument focused intensely on such questions–SCOW ultimately opts to issue a decision which makes no substantive law and denies relief based on what it claims […]
- 2024-2025 Term
- 1. Appeals
- 2. Prejudice
- B. Opinions
- b. Prejudice not found
- D. Ineffective Assistance
- 8. Discretionary decision
- 8. Counsel, 6th Am.
- K. Standards of Review
- 13. Due Process
- 45. WI Supreme Court
- Uncategorized
June 15, 2025
COA: Sufficient evidence to request blood draw independent from defendant’s compelled statements; defendant’s IAC claims were conclusory and undeveloped.
State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s […]
- A. In-Custody, 5th Amendment
- 1. Appeals
- Blood Test Admissibility
- b. Prejudice not found
- 2. Attenuation of taint
- b. Blood test
- 2. Prejudice
- B. Chs. 343-346: Traffic offense
- 3. Evidence
- c. Implied Consent
- C. Unpublished Opinions
- C. Voluntariness
- D. Waiver of issues/arguments
- D. Search incident to arrest
- 5. Confessions
- 6. Search incident to arrest
- 7. Statement to field agent/PO
- 7. Confession suppressed
- H. Exclusionary rule
- 9. Crimes
- 35. Search & Seizure
- 46. WI Court of Appeals
June 13, 2025
Defense Win: COA holds that circuit court wrongly limited defendant’s testimony; holds error is not harmless
State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case.
- 1. Appeals
- 2. Evidentiary decision
- C. Unpublished Opinions
- D. Relevance, Ch. 904
- D. Ch. 940: Against life/body
- 5. Daubert
- G. Opinions/experts, Ch. 907
- H. Hearsay, Ch. 908
- 9. Crimes
- 10. Evidentiary decisions
- K. Standards of Review
- L. Harmless Error
- 15. Evidence
- 27. Errors declared harmful
- 46. WI Court of Appeals
- Uncategorized
COA: State has important interest, for purposes of Sell, to forcibly medicate defendant charged with resisting arrest causing soft tissue injury.
State v. T.A.W., 2025AP437-CR, 6/3/25, District I (not recommended for publication); case activity Although the charges against T.A.W. — resisting an officer causing soft tissue injury and retail theft — are not “serious crimes” under Wis. Stat. § 969.08, which specifies procedures for pretrial release, the COA found that the State met its burden to […]
- A. For trial
- 2. Medication proceedings
- 3. Civil Commitments
- C. Unpublished Opinions
- 3. Burden of proof
- C. Involuntary medication
- 4. Competency of defendant
- 5. Regaining competency
- F. Sec. 971.14 commitments
- 46. WI Court of Appeals
- Uncategorized
June 12, 2025
Seventh Circuit Cases for April and May
We made the mistake of waiting to consolidate our monthly digest given the slow pace of the court. Turns out there’s a lot to post on! This installment features an interesting decision on child porn possession, multiple alleged Franks violations, some Fourth Amendment wrangling, disturbing prisoner abuse in Wisconsin institutions, and a handful of non-Wisconsin […]
COA: Defendant not prejudiced at trial for OWI by “numbers-only” jury selection process.
State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial. Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which […]
- 2. Prejudice
- b. Prejudice not found
- B. Selection process
- C. Unpublished Opinions
- D. Ineffective Assistance
- 8. Counsel, 6th Am.
- 25. Jury
- 29. Postconv. Motions
- 46. WI Court of Appeals
June 9, 2025
Defense Win: COA finds exception to potential jurisdictional defect and reverses order denying early releasing following SAP completion
State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor.
COA holds prior recantation of allegation made by alleged victim against same defendant inadmissible for impeachment
State v. Johnny Ray Martin, 2023AP603, 5/28/25, District III (1-judge decision, ineligible for publication); case activity COA rejects Martin’s claims that the circuit court erroneously exercised its discretion by denying his attempt to impeach the alleged victim with her prior recantation of a separate incident, and that defense counsel was ineffective by failing to adequately […]
- 1. Appeals
- b. Prejudice not found
- 2. Prejudice
- D. Ch. 940: Against life/body
- D. Ineffective Assistance
- 5. Evidence
- 8. Counsel, 6th Am.
- 8. Discretionary decision
- 9. Crimes
- 10. Evidentiary decisions
- K. Standards of Review
- 14. Ineffective assistance of counsel
- 18. Postconviction decisions
June 5, 2025
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