State v. Cesar O. Fernandez-Reyes, 2024AP1668-CR, 3/4/25, District III (not recommended for publication); case activity COA affirms circuit court’s order declaring a mistrial and denying the defendant’s motion to bar a retrial on double jeopardy grounds where prosecutor learned she had COVID after the first day of trial. Cesar Fernandez-Reyes’s trial on two counts of… Read more
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COA affirms order declaring mistrial when prosecutor learned she had COVID after first day of trial.
State v. Devron Michael Green, 2024AP1104, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In an interesting statutory construction appeal, COA concludes it was improper for circuit court to order an IID in conjunction with an OWI-1st citation when the accompanying refusal was dismissed and no findings were made under the refusal statute… Read more
Winnebago County v. J.S., 2024AP1333, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In yet another case testing the applicability of SCOW’s D.J.W. mandate, COA finds that the circuit court “barely” satisfied those requirements and affirms. “Jacob” argues that the circuit court failed to make sufficient findings in order to find him dangerous under the… Read more
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. After “Aiden” was charged with two misdemeanors, the circuit court sua sponte raised the issue of… Read more
In January and February, COA ordered several cases published which are relevant to our practice: January: State v. Eric J. Joling, 2025 WI App 6 (holding that federal disability payments may be used to assess ability to pay restitution). State v. Cordero D. Coleman, 2025 WI App 7 (delays caused by COVID pandemic did not… Read more
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. At the suppression hearing… Read more
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. The officer was the only witness at Long’s refusal hearing. Police found a motorcycle that appeared to have crashed… Read more
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… Read more
