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State concedes right to appear in-person was violated, COA finds error harmless
State v. A.M.N., 2024AP440-CR, 3/4/25, District III (1-judge decision, ineligible for publication); case activity While the State concedes that A.M.N.’s statutory right to appear in person for a competency hearing was violated, COA finds the error harmless and affirms.
- 1. Commitment proceedings
- 1. Appeals
- C. Unpublished Opinions
- 3. Civil Commitments
- F. Sec. 971.14 commitments
- L. Harmless Error
- 46. WI Court of Appeals
March 5, 2025
Publication Orders for January and February
In January and February, COA ordered several cases published which are relevant to our practice:
March 4, 2025
COA affirms denial of suppression in OWI, concludes police had probable cause to arrest
City of Delafield v. Shawn M. Office, 2024AP227, 2/26/25 District II (one-judge decision; ineligible for publication); case activity COA affirms Office’s OWI 1st conviction, concluding that his arrest was supported by probable cause because sufficient evidence existed to reasonably believe that Office been driving while under the influence of an intoxicant.
- 1. Appeals
- 2. Probable cause
- B. Search warrants
- 4. Specific issues
- D. Search incident to arrest
- 4. Probable cause to arrest
- D. Waiver of issues/arguments
- e. OWI
- K. Standards of Review
- m. Suppression motions
- 27. suppression decision
- 35. Search & Seizure
March 3, 2025
COA: police had probable cause to arrest for OWI after finding a “crashed” motorcycle and unconscious person nearby
State v. Peter John Long, 2023AP2300, 2/26/25 District II (one-judge decision; ineligible for publication); case activity Long appeals pro se from his refusal conviction, contending the officer lacked probable cause to arrest for OWI. COA affirms.
- Refusal Hearing
- B. Chs. 343-346: Traffic offense
- 4. Procedure
- E. Specific motions/hearings
- 6. Suppression
- 9. Crimes
- 30. Pretrial proceedings
- Uncategorized
March 2, 2025
7th Circuit denies habeas relief to Wisconsin prisoner on IAC claim
William Thomas Hudson, III v. Sue DeHaan, 7th Circuit Court of Appeals No. 23-2395, 2/11/25 Hudson was tried and convicted of conspiracy to commit first degree intentional homicide and of conspiracy to commit arson. After his convictions were affirmed on his direct appeal, Hudson filed a 974.06 postconviction motion alleging that his trial counsel was […]
- 1. Appeals
- 2. Prejudice
- b. Prejudice not found
- B. Federal
- D. Ineffective Assistance
- 8. Counsel, 6th Am.
- K. Standards of Review
- 14. Ineffective assistance of counsel
- 22. Habeas corpus
February 27, 2025
COA rejects a panoply of challenges to TPR and affirms
Kenosha County DC&FS v. K.E.H., 2024AP1101, 2/26/25, District II (1-judge decision, ineligible for publication); case activity In a dense and fact-dependent appeal stemming from a TPR jury trial, COA applies strict legal standards in order to reject the appellant’s multiple claims of ineffectiveness.
- 1. Appeals
- a. Effective assistance
- 1. Deficient performance
- b. Not found
- b. Prejudice not found
- B. Constitutional rights
- 2. Counsel
- 2. Prejudice
- C. Unpublished Opinions
- D. Ineffective Assistance
- 8. Counsel, 6th Am.
- K. Standards of Review
- 14. Ineffective assistance of counsel
- 40. TPRs
- 46. WI Court of Appeals
COA rejects challenges to extension order; holds that stipulation to original commitment dooms sufficiency challenge
Sheboygan County v. L.L., 2024AP1443, 2/26/25, District II (1-judge decision, ineligible for publication); case activity COA confronts the usual challenges to a recommitment order and affirms based on a somewhat novel legal theory–that L.L.’s earlier stipulation to a commitment order undermines her sufficiency challenge to the recommitment.
COA affirms OWI 1st conviction despite hand sanitizer contamination defense
County of Waukesha v. Jacob A. Vecitis, 2023AP919, 2/12/25, District II (one-judge decision; ineligible for publication); case activity Vecitis appeals from a judgment, entered after a bench trial, convicting him of OWI 1st, and an order denying reconsideration. COA concludes the circuit court’s factual findings were not clearly erroneous and affirms.
- 1. Appeals
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- D. Waiver of issues/arguments
- 4. Specific issues
- 9. Crimes
- 10. Evidentiary decisions
- K. Standards of Review
- 12. Implicit findings
- l. Sufficiency of evidence
- 21. Reconsideration decisions
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
February 26, 2025
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