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7th Circuit rejects facial challenge to § 971.17(4)(d)
Graham L. Stowe v. Gregory Van Rybroek, No. 23-3345, 8/21/24 This habeas appeal is limited to a facial challenge to the NGI conditional release statute, Wis. Stat. § 971.17(4)(d). The Seventh Circuit rejects Stowe’s argument, concluding that he cannot show that there are no circumstances under which the law’s application would be valid.
- Conditional Release
- A. Validity
- B. Federal
- 3. Constitutionality
- 3. Civil Commitments
- 4. Standard of review
- 4. Procedure
- G. Sec. 971.17, NGI
- j. Appeals
- 22. Habeas corpus
- 39. Statutes
- Uncategorized
October 3, 2024
August and September 2024 COA Publication Orders
In August and September, COA released a number of published decisions:
September 30, 2024
Defense Win! COA reverses default judgment in TPR
State v. A.M.Y., 2024AP1162, 9/26/24, District 4 (one-judge decision, ineligible for publication); case activity A.M.Y. appealed the TPR order related to her daughter, Y.R.C.Y., arguing that the circuit court erroneously exercised its discretion by granting default judgment against her as to grounds for termination. The COA agrees, as the circuit court failed to take evidence […]
September 27, 2024
COA: Driver misinformed he would be charged with first-offense OWI did not have right to refuse breath test; Ignition Interlock statute does not violate Dormant Commerce Clause when applied to out-of-state resident.
State v. Sharpe, 2021AP1543 & 2022AP307, 9/24/24, District III (one-judge decision; ineligible for publication); case activity here and here COA determines defendant arrested for OWI did not meet burden to show that he was unable to make knowing and intelligent choice about submitting to breath test when officers misinformed him that he would be charged […]
- Refusal Hearing
- 1. Constitutional issues
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 4. Procedure
- 9. Crimes
- 46. WI Court of Appeals
September 26, 2024
COA rejects pro se challenges to OWI first conviction
Village of Greendale v. Stacey King, 2023AP503, 9/17/24, District I (1-judge decision, ineligible for publication); case activity King appeals her OWI first judgment, arguing that the statute of limitations had expired, that the circuit court based its rulings on bias against her instead of on the relevant law, and that the field sobriety test should […]
- 1. Types of evidence
- C. Unpublished Opinions
- D. Relevance, Ch. 904
- g. Field sobriety tests
- 15. Evidence
- o. Refusal, OWI
- 46. WI Court of Appeals
- Uncategorized
September 20, 2024
COA finds officer did not intentionally or recklessly include false information in affidavit in support of search warrant; circuit court’s order suppressing evidence reversed.
State v. Mark T. Solheim, 2024AP239, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity In its decision reversing the circuit court’s order suppressing evidence obtained pursuant to a warrant for a blood draw, the Court of Appeals reminds that Franks and its Wisconsin counterpart Anderson require defendants challenging the veracity of an affidavit […]
- B. Search warrants
- 2. Pleading requirements
- C. Unpublished Opinions
- 3. Franks Doctrine
- 3. Burden of proof
- D. Suppression hearings
- 5. Confessions
- 35. Search & Seizure
- 46. WI Court of Appeals
September 19, 2024
COA rejects challenges to refusal finding; holds that refusal statute is not unconstitutional
State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards.
COA rejects challenges to “abandonment” verdict in TPR involving allegations that mother withheld child’s location from father
A.M.D. v. G.R.B., Jr., 2024AP1071, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity G.R.B. (“Bartel”) appeals an order terminating his parental rights, raising a medley of challenges. Although COA acknowledges that its prior precedent sent “mixed signals” to litigants on at least one of the issues, it ultimately rejects all of G.R.B.’s arguments […]
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