State v. Jason William Castillo, 2023AP398, 10/26/23, District IV (one-judge decision; ineligible for publication); case activity Castillo refused to submit to a chemical test for intoxication and subsequently challenged the revocation of his driver’s license. In doing so, however, Castillo claims only that he was unlawfully seized prior to his refusal and that the unlawful… Read more
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State v. Carlos Aguilar, 2022AP1826, 10/5/2023, District 4 (not recommended for publication); case activity (including briefs) The state charged Aguilar with false imprisonment, which is a felony, and several misdemeanors relating to a domestic incident. At the original prelim, the circuit court dismissed the felony charge as not supported by probable cause. The state refiled… Read more
On October 25, 2023, the court of appeals ordered publication of two criminal law related decisions: State v. Troy Allen Lanning, 2023 WI App 52 (holding that a pending criminal prosecution means civil forfeiture proceeding need not be held within 60 days) State v. Aaron L. Jacobs, 2023 WI App 53 (rejecting state’s expansive bail… Read more
Chippewa County Department of Human Services v. T.M.J., 2023AP463 & 2023AP464, 10/24/23, District III (one-judge decision; ineligible for publication); case activity In another fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 2 children. After a bench trial, the circuit court found “Tracy” unfit under the “Continuing CHIPS” standard. (¶3)… Read more
Attorney Thomas L. Potter v. Circuit Court for Milwaukee County, the Honorable Kori Ashley, Presiding, 2022AP1396-CR, 10/17/23, District I (not eligible for publication); case activity Although the prosecutor in this case may have conceptualized his decision to defy a court order as an act of civil disobedience necessary to preserve a challenge for appeal, COA… Read more
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
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
