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Seventh Circuit Cases for July
July brought another bevy of interesting cases. As usual, we’ve tried to select those most relevant to our audience:
August 23, 2024
COA rejects challenges to 51 commitment, involuntary medication orders
Brown County v. L.M.R., 2023AP2314, District III, 8/6/24 (one-judge decision; ineligible for publication); case activity COA rejects all of L.M.R.’s challenges raising commonly-litigated appellate issues and affirms in this Chapter 51 case given some less-than favorable facts.
- 1. Original commitment
- 1. Appeals
- A. Ch. 51, Mental health
- 3. Civil Commitments
- C. Unpublished Opinions
- 4. Involuntary meds
- f. 51.20(1)(a)2. Dangerousness
- K. Standards of Review
- 26. Sufficiency of evidence
- 46. WI Court of Appeals
August 20, 2024
COA agrees with circuit court that while attorney may have made improper promises, defendant’s “unclean hands” prohibit plea withdrawal
State v. Terron Anthony Clayborn, 2023AP283-CR, 8/20/24, District I (not recommended for publication); case activity In a case presenting a common postconviction fact pattern alleging an improper promise by counsel, COA affirms despite postconviction testimony largely corroborating the defendant’s account.
- B. Procedure and colloquy
- C. Unpublished Opinions
- D. Plea withdrawal
- 4. After sentencing
- 21. Guilty pleas
- 46. WI Court of Appeals
- Uncategorized
August 19, 2024
COA affirms circuit court’s decision to exclude evidence at refusal hearing; although officer’s statements to defendant during traffic stop were relevant, they were inadmissible when offered through another officer without personal knowledge of statements.
State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge.
- 1. Personal knowledge
- Refusal Hearing
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 4. Procedure
- F. Witnesses, Ch. 906
- 9. Crimes
- 15. Evidence
- 46. WI Court of Appeals
August 16, 2024
COA: Evidence of operating a motor vehicle while under the influence of controlled substances sufficient due to reasonable inference
State v. Joseph B. Venable, 2023AP1367, 8/15/24, District IV (1-judge decision, ineligible for publication); case activity COA affirms circuit court judgment convicting Venable of first offense operating a motor vehicle while under the influence of controlled substances under Wis. Stat. § 346.63(1)(a), due to his use of prescription medications.
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 3. Evidence
- 9. Crimes
- 46. WI Court of Appeals
August 15, 2024
COA: Reports of domestic incident justified stopping vehicle as community caretaking function; extending stop to perform field sobriety tests permitted based on reasonable suspicion of OWI.
State v. Reichert, 2023AP1224, 8/14/24, District II (one-judge decision; ineligible for publication); case activity Roxanne Reichert appealed from a judgment of conviction after she pled no contest to operating a vehicle under the influence. She argued that the circuit court erred when it denied her motion to suppress evidence seized after she was stopped in […]
Split decision from COA on challenge to IID condition of probation
State v. Thatcher R. Sehrbrock, 2022AP2153-CR, 8/8/24, District IV (authored); case activity Sehrbrock, convicted of robbery with use of force as PTAC, appeals the judgment of conviction and order denying his postconviction motion in which he challenged a condition of probation requiring that an ignition interlock device be installed on any motor vehicle that he […]
- A. Probation
- 1. Conditions
- A. Type pf PCM
- B. Trial court discretion
- 3. Harsh and excessive
- 4. 973.19, sentence mod.
- H. Modification/Review
- 29. Postconv. Motions
- 31. Probation/ES
- 36. Sentencing
August 14, 2024
1984 prior conviction admissible in first-degree sexual assault of a child trial under the prior conviction statute, § 904.04(2)(b)2.
State v. Kenneth W. Hill, 2022AP1718-CR, 8/6/24, District III (recommended for publication); case activity The state appealed after the circuit court denied its motion seeking to admit Hill’s 1984 conviction from Minnesota for “criminal sexual conduct in the first degree” pursuant to Wis. Stat. § 904.04(2)(b)2. at his trials for two counts of first-degree sexual […]
- 1. Appeals
- 3. Prejudice, 904.03
- c. "Greater latitude" rule
- 4. Character, 904.04
- D. Relevance, Ch. 904
- 10. Evidentiary decisions
- K. Standards of Review
- 15. Evidence
August 13, 2024
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