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Defense Win! Driving on road “closed to through traffic” insufficient to justify traffic stop
Town of Dunn v. Brian S. LaFleur, 2023AP1529-1531, 5/23/24, District IV (1-judge opinion, not eligible for publication); case activity LaFleur was stopped after driving on a road that was marked “closed to through traffic” because his vehicle was registered to an address outside of the area. After the circuit court granted LaFleur’s motion to suppress, […]
- 1. Stops, in general
- 1. Generally
- b. Stop found unlawful
- 2. Traffic stops
- C. Unpublished Opinions
- G. Reasonable suspicion
- H. Exclusionary rule
- 11. Defense Wins
- 35. Search & Seizure
- 46. WI Court of Appeals
May 29, 2024
COA rejects erroneous exercise of discretion claim and affirms sentencing court’s imposition of prison sentence instead of probation
State v. Zackery J. Olson, 2023AP369-CR, 5/22/24, District II (1-judge opinion, not eligible for publication); case activity Olson’s erroneous exercise of discretion claim regarding the court’s decision to impose a prison sentence instead of probation fares about as well as you would expect. The court of appeals reviews and details the record supporting the court’s […]
May 24, 2024
Defense Win! COA issues must-read decision outlining law regarding “vouching” in child sexual assault prosecutions
State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication); case activity Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims.
COA holds that parent forfeited jurisdictional challenge to CHIPS orders
Portage County v. D.A., 2023AP1237, 1255 & 1272, 5/9/24, District IV (one-judge decision; ineligible for publication); case activity Although “David” presents a superficially knotty jurisdictional argument, COA ultimately holds that he has forfeited this otherwise non-meritorious legal issue.
May 21, 2024
Advice to admit to “reasonable effort” not structural or prejudicial error in TPR trial
Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit […]
- 1. Admission to grounds
- 1. Appeals
- C. Unpublished Opinions
- 3. Continuing CHIPS
- D. Grounds, Sec. 48.415
- E. Procedure
- 5. Directed verdict on element
- K. Standards of Review
- 14. Ineffective assistance of counsel
- 40. TPRs
- 46. WI Court of Appeals
- Uncategorized
May 20, 2024
COA affirms denial of suppression motion, but reminds state of basic briefing rules
State v. Mitchell D. Butschle, 2023AP2120-CR, 5/8/24, District II (one-judge decision, ineligible for publication); case activity On appeal from a conviction for operating with a detectable controlled substance, the court rejects Butschle’s claims that police lacked probable cause to arrest. The court affirms because “there were enough indicators of impairment to satisfy probable cause to […]
- a. Citation to record
- 1. Appeals
- c. Citation of authority
- C. Briefs/Appendices
- 3. Facts/record
- C. Unpublished Opinions
- 4. Argument
- D. Search incident to arrest
- 4. Probable cause to arrest
- E. Specific motions/hearings
- e. OWI
- 6. Suppression
- I. Suppression hearings
- 30. Pretrial proceedings
- 35. Search & Seizure
- 46. WI Court of Appeals
May 17, 2024
A trio of defense wins: Circuit court properly exercised discretion in ruling on motions for DPA in juvenile cases
State v. J.A.N., 2023AP1108, 5/14/24, District I (1-judge decision; ineligible for publication); case activity State v. Z.D.S., 2023AP1109, 5/14/24, District I (1-judge decision; ineligible for publication); case activity State v. S.R., 2023AP1110, 5/14/24, District I (1-judge decision; ineligible for publication); case activity In a series of appeals seemingly aimed at the discretionary decisions of an […]
- 1. Appeals
- C. Unpublished Opinions
- 8. Discretionary decision
- K. Standards of Review
- 26. Juvenile proceedings
- 46. WI Court of Appeals
May 16, 2024
SCOW DIGs Ch. 51 involuntary med appeal
Winnebago County v. D.E.W., 2024 WI 21 (per curiam), 5/14/24, review of an unpublished court of appeals decision; case activity Although many practitioners may have hoped that this case would resolve recurrent issues in appeals of involuntary medication orders, those issues will have to be resolved another day given SCOW’s order dismissing the petition as […]
May 14, 2024
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