This week SCOWstats considers “bloc cohesion” on the Wisconsin Supreme Court. When conservatives hold 5 of 7 seats on the court, the odd conservative can part company with the others and join the liberals or file a dissent making an argument they wish a party had made, but didn’t. Will that still happen next term… Read more
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State v. Aman D. Singh, 2018AP2412-CR, 4/16/20, District 4, (1-judge opinion, ineligible for publication); case activity Singh appealed an OWI second, which the court of appeals summarily reversed and remanded with an order for the circuit court to provide the relief due under §971.13–voiding any penalty in excess of the statutory maximum. On remand, the… Read more
State v. Richard H. Harrison, Jr., 2020 WI 35, 4/17/20, reversing an unpublished decision of the court of appeals; case activity (including briefs) Addressing an unusual issue that is now also effectively moot due to developments in the case since the cross petitions for review were granted, a majority of the supreme court holds that… Read more
State v. Keith M. Abbott, 2020 WI App 25; case activity (including briefs) After losing a suppression motion, Abbott pled “no contest” to 2nd degree intentional homicide. The court of appeals affirmed the denial of suppression for some evidence and reversed it as to other evidence. It held that Abbott’s mental breakdown during questioning did… Read more
A.C.-E. v. I.M., 2019AP573, 4/15/20, District 4 (one-judge decision; ineligible for publication); case activity The court of appeals rejects I.M.’s request for a new TPR grounds trial. A.C.-E. sought termination I.M.’s parental rights to their child, E.M.C., asserting as grounds that I.M. had abandoned E.M.C. and failed to establish parental responsibility. (¶¶2-10). I.M. makes two… Read more
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
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
