Winnebago County v. J.D.J., 2023AP1085, 2/21/24, District II (one-judge decision; ineligible for publication); case activity In yet another opinion which stresses the need for County-petitioners to take more care at extension hearings, COA reverses for failure to make an adequate record below. As the COA decision makes clear–in a series of footnotes, asides, and out-and-out… Read more
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State v. Matthew Curtis Stills, 2022AP1390-CR, 2/13/24, District 1 (not recommended for publication); case activity This 2016 case out of Milwaukee County has a bit of a backstory and an unfortunate ending for Sills. In 2020, the court of appeals reversed Sills’ conviction based on a Bangert violation related to the circuit court’s failure to advise Sills… Read more
State v. Nicholas Allen Paulson, 2022AP186, 2/21/24, District III (1-judge decision, ineligible for publication); case activity Although Paulson tries to establish that police did not have probable cause to arrest him despite, among other evidence, a PBT reading of .198, COA affirms. Paulson called 911 to report that his wife had jumped out of their… Read more
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute. Schultz tried to leave the “Bull Pen Bar” and… Read more
Douglas County v. K.A.D., 2023AP1072, 2/13/24, District 3 (one-judge decision; ineligible for publication); petition for review granted 6/17/24 case activity K.A.D. (“Kyle”) challenged the order authorizing his involuntary medication and treatment on two grounds: (1) that the county failed to establish that he was provided the required explanation regarding the recommended medication and treatment and (2)… Read more
Johnnie Mertice Wesley v. Randall Hepp, No. 22-2968, 1/5/24 Wesley’s challenges to law enforcement conduct which resulted in him giving inculpatory statements fail, as the Seventh Circuit concludes that the Wisconsin Court of Appeals reasonably applied SCOTUS precedent. (See our post on the previous state court litigation here). Wesley was brought in for questioning related… Read more
Seventh Circuit holds that Wisconsin Court of Appeals did not unreasonably apply harmless error test
Deshawn Harold Jewell v. Gary Boughton, No. 22-3082, 1/22/24 Despite an obvious constitutional violation, Jewell is still precluded from obtaining a new trial given that Wisconsin courts did not unreasonably find the error harmless. (See our post on the previous state court litigation here). During Jewell’s trial, the jury sent a factual question to the… Read more
January brought a few criminal (or criminal adjacent) cases our readers might find interesting: United States of America v. Byron Pierson, No. 21-3248: Pierson appeals two discretionary rulings of the district court. His first issue has to do with a proffer agreement. Here, Pierson initially agreed to plead guilty to possession of a firearm by… Read more
