State v. Matthew Curtis Sills, 2018AP1052-CR, District 1, 1/14/20 (not recommended for publication); case activity (including briefs) The State initially Sills with 1st degree child sexual assault, but then amended the charge twice. Ultimately, Sills pled to 2nd degree sexual assault of a child. Before he was sentenced, he moved to withdraw his plea arguing… Read more
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Milwaukee County v. E.C.H., 2019AP772, District 1, 1/14/20, (1-judge opinion; ineligible for publication); case activity This appeal asks: Is evidence of homelessness, by itself, sufficient to prove that a person is dangerous to himself or will become dangerous if treatment is withdrawn? And the answer is . . . we don’t know. Hiding behind the… Read more
State v. Donavinn D. Coffee, 2020 WI 1, 1/9/20, 2017AP2292, affirming a per curiam court of appeals opinion; case activity (including briefs) Where to begin? Well, this is a blog by appellate lawyers, so forgive us if we dwell first on the fact that our law-developing court has once again elected not to develop the… Read more
State v. Kenneth J. Heinrich, 2018AP2124-CR, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity (including briefs). Heinrich moved to withdraw his guilty plea on the grounds that his bail-jumping charges lacked a factual basis and were multiplicitous. His motion and subsequent appeal failed. In a prior criminal case, the circuit court issued a… Read more
State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs) Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous. At the plea… Read more
Portage County v. L.E., 2019AP1841-FT, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity Welcome to another chapter in the Wisconsin saga “once committed, always committed.” L.E. has been under commitment for 25 years. At her most recent recommitment hearing, the County offered a doctor’s testimony that “if treatment were withdrawn she’d become a… Read more
Centralized sentencing data would make the administration of justices more fair and transparent. Appellate courts could use the data to ensure that sentences under review are consistent and serve the fundamental purposes of sentencing. Wow! There’s an idea. Read more here. … Read more
State v. Andre David Nash, 2018AP1595-CR, 1/7/20, District 1 (not recommended for publication); case activity (including briefs). Under Wisconsin law, once a defendant shows that an out-of-court identification procedure is impermissibly suggestive, the State has the burden of demonstrating that the identification was still reliable and should be admitted into evidence. Powell v. State, 86… Read more
