Sauk County D.H.S. v. R.K.M., 2023AP912, 10/12/23, District 4 (one-judge decision; ineligible for publication); case activity R.K.M. raised a variety of arguments seeking to challenge the often cited “decompensation” theory for extending a chapter 51 commitment where the subject has (1) made substantial progress while under commitment, (2) engaged in no recent dangerous behavior, and… Read more
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State v. John J. Drachenberg, 2022AP2060-CR, 10/12/23, District IV (recommended for publication); case activity In a decision recommended for publication, COA clarifies that the “execution” of a search warrant does not include forensic analysis that can occur weeks or months later. Accordingly, even though those activities may occur outside the statutory window, this does not… Read more
State v. Morris V. Seaton, 2023 WI 69, 10/10/23, on certification from the court of appeals; case activity (including briefs) State v. Donte Quintell McBride, 2023 WI 68, 10/10/23, affirming a decision of the court of appeals; case activity (including briefs) (See our prior posts on Seaton here and here; posts on McBride here and… Read more
State v. S.A., 2023AP1288-1292, 10/10/23, District I (one-judge decision; ineligible for publication); case activity In a fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 5 children. After exhaustively laying out the sad underlying facts in this TPR appeal over the span of 12 pages, COA begins its legal analysis… Read more
State v. Marqus G. Phillips, 2023AP450, 10/4/23, District 2 (one-judge decision, ineligible for publication); case activity (including briefs) That the Constitution does not guarantee an “error-free trial” is an unnecessary response to a straw man when a defendant seeks a new trial after it is discovered that the second of two state’s witnesses was found to… Read more
On September 27, 2023, the court of appeals ordered publication of one criminal law related decision: State v. John R. Brott, 2023 WI App 45 (mandatory minimum sentence for possession of child pornography is mandatory)… Read more
State v. Bryson Keith Williams, 2023AP838, 10/4/23, District II (one-judge decision; ineligible for publication); case activity Applying the familiar test for assessing the adequacy of the officer’s reading of the implied consent warnings, COA agrees that Williams’ refusal was unlawful. While Wisconsin law permits the imposition of a driver’s license revocation as a consequence for… Read more
State v. T.H., Jr., 2023AP285, 10/3/23, District III (one-judge decision; ineligible for publication); case activity In yet another juvenile waiver appeal demonstrating the power of the discretionary standard of review, COA affirms the circuit court’s order despite the potential internal inconsistencies of that ruling. “Thomas” was 16 when he caused a fatal accident, killing two… Read more
