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Successful appeal from OWI conviction leads to simple swap for RCS conviction and sentence
State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); case activity After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted controlled substance conviction with […]
- B. Published opinions
- B. Chs. 343-346: Traffic offense
- 4. Procedure
- 4. Specific issues
- f. Double jeopardy
- 9. Crimes
- Published 2024
- 46. WI Court of Appeals
April 16, 2024
Seventh Circuit denies habeas appeal alleging IAC for failure to seek in camera review of complainant’s medical records
Tony P. Rogers v. Jason Wells, Warden, No. 17-2903, 3/22/24 Although Rogers claims that his trial counsel was ineffective for not seeking records to impeach the credibility of his accuser in this sexual assault case, the Seventh Circuit court is unpersuaded that the high bar for habeas relief has been met and affirms the district […]
April 12, 2024
Seventh Circuit cases for March
March was a relatively quiet month and brought only a few cases with some relevance to our practice:
April 11, 2024
SCOW affirms denial of supervisory writ, seeks to clarify “preferred” appellate procedure to challenge denied substitution request
State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no […]
- 1. Appeals
- A. Ch. 51, Mental health
- a. Forfeiture of issues
- a. Filing deadline
- Equitable tolling
- B. Opinions
- B. Federal
- 3. Civil Commitments
- 4. Procedure
- 4. Specific issues
- D. Waiver of issues/arguments
- 8. Appeals
- k. Right to substitute judge
- 22. Habeas corpus
- 2023-24 Term
- 43. Writs (Non-Habeas)
- 45. WI Supreme Court
- Uncategorized
April 4, 2024
Lit cigarette, red eyes, thick speech and speeding sufficient to establish reasonable suspicion of OWI
State v. Iain A. Johnson, 2022AP389-CR, 4/2/24, District III (1-judge decision, ineligible for publication); case activity Although COA concedes this is a “close case,” it nevertheless concludes that the evidence satisfies the relatively low burden for reasonable suspicion to extend a traffic stop.
- a. Field Sobriety Testing
- 1. Appeals
- 1. Constitutional issues
- 2. Traffic stops
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- G. Reasonable suspicion
- 9. Crimes
- K. Standards of Review
- 23. Search & seizure
- 35. Search & Seizure
- 46. WI Court of Appeals
April 3, 2024
COA rejects multiple challenges in TPR appeal
Dane County Department of Human Services v. J.K., 2023AP1946-47, 3/28/24, District IV (one-judge decision; ineligible for publication); case activity In a TPR appeal presenting multiple issues, COA rejects all of J.K.’s arguments and affirms.
- 1. Appeals
- C. Briefs/Appendices
- 4. Argument
- d. Undeveloped argument
- E. Procedure
- G. Disposition, Secs. 48.426-427
- 10. Summary judgment
- 40. TPRs
April 2, 2024
Despite convincing evidence that domestic violence victim was fleeing for her life when stopped for suspected OWI, COA determines coercion defense unavailing
State v. Joan L. Stetzer, 2023AP874-CR, 3/27/24, District II (1-judge decision, ineligible for publication); case activity In a difficult case demonstrating the stringent nature of Wisconsin’s coercion defense, COA affirms the circuit court’s decision that the defense did not apply to Stetzer’s conduct, notwithstanding a medley of uniquely sympathetic facts.
- A. Statutory defenses
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 3. Coercion
- 9. Crimes
- 10. Defenses
- 46. WI Court of Appeals
April 1, 2024
Court rejects usual attacks to 51 extension, medication order and affirms
Racine County v. C.B., 2023AP2018-FT, 3/20/24, District II (one-judge decision; ineligible for publication); case activity In a factually-specific appeal of a recommitment order, COA rejects all of C.B.’s arguments and affirms.
- 1. Appeals
- A. Ch. 51, Mental health
- 2. Recommitment
- 3. Civil Commitments
- C. Briefs/Appendices
- C. Unpublished Opinions
- d. Undeveloped argument
- 4. Involuntary meds
- 4. Argument
- e. Dangerousness
- 46. WI Court of Appeals
March 27, 2024
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