Marathon County v. R.J.O., 2020 WI App 20; case activity This is an important, published, and demonstrably incorrect court of appeals’ decision regarding Chapter 51 recommitment procedure. The county petitioned to recommit R.J.O. but the Marathon County Sheriff’s Department did not bother trying to serve her. Its certificate of service states: “There were no attempts… Read more
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State v. Shannon G. Potocnik, 2019AP523, 4/14/20, District 3 (one-judge decision; ineligible for publication) case activity (including briefs) There’s a deep split nationwide about whether the community caretaker doctrine can ever permit entry into a home. Wisconsin has held that it can, and this pro se appeal is of course necessarily fact-bound. But the decision… Read more
State v. A.M.J., 2019AP420, 4/14/20, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) This is a juvenile case so pseudonyms abound. The state accused “Adam” of taking some vehicles from “the Morrisons” and also, in the same incident, damaging some property belonging to “the Olsons.” The district attorney filed a petition concerning… Read more
Though we’re a little late in reporting it (we blame Covid-19), on March 26, 2020, the court of appeals ordered publication of the following criminal law related decisions: State v. A.A., 2020 WI App 11 (sanction for violation of juvenile disposition order is limited to 10 calendar days) Demonta Antonio Hall v. Wisconsin Department of… Read more
On March 22, 2020, SCOW issued an order providing that effective immediately through May 22nd, all civil and criminal trials would be rescheduled to a date after May 22. It further ordered that circuit courts and parties could file an “EMERGENCY motion” seeking an exception to that order. Click here. When filing these motions, please… Read more
Winnebago County v. C.S., 2020 WI 33, reversing a published court of appeals opinion; 4/10/20; case activity This is a BIG case for Chapter 51 lawyers! In a 4-3 opinion, SCOW held that when a court commits a prison inmate under Chapter 51, it cannot order involuntary medication without finding the inmate dangerous first. The… Read more
State v. Jason A. Marcotte, 2020 WI App 28; case activity (including briefs) After Marcotte was terminated from drug court and his probation revoked, he was sentenced by the same judge who’d presided over his case in drug court. Under the facts in this case, both the judge’s comments during drug court and his dual… Read more
State v. Larry Alexander Norton, 2019AP1796-CR, 4/14/20, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) In which the occupant of a legally parked car becomes the object of police scrutiny, for very little apparent reason, and all is found to be copacetic under the Fourth Amendment. Police responded to a report of… Read more
