State v. H.C., 2025 WI 20, 6/3/25, affirming an unpublished court of appeals decision; case activity In a decision that has been awaited by TPR practitioners, all seven justices affirm COA’s mandate, with five justices joining in a majority opinion which concludes there is no burden of proof applicable at a dispositional hearing. As we’ve… Read more
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City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA… Read more
William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25 SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case: Question presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is… Read more
State v. Roger A. Minck, 2022AP2292-CR, 5/28/25, District III (recommended for publication); case activity In a case of first impression, the COA held in a decision recommended for publication that hiding a corpse with intent to conceal a crime under Wis. Stat. § 940.11(2) requires the State to prove the defendant intended to conceal any… Read more
State v. Daniel J. Rejholec, 2023AP2192-CR, 5/28/25, District II (recommended for publication); case activity In a consequential appeal, COA holds that allocution statements are admissible evidence after a plea has been withdrawn. Rejholec was charged with various crimes based, in large part, on his statements during an in-custody interrogation. (¶2). Rejholec moved to suppress and… Read more
State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here. “Alice,” called police to report that her mother was being physically attacked by the defendant, Long. (¶2)… Read more
State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s… Read more
Wisconsin Judicial Commision v. Honorable Ellen K. Berz, 2024AP2038-J, 5/27/2025, (per curiam judicial discipline case) In a unanimous decision, SCOW agrees that a judge’s “intemperate” response to an adjournment request and attempt to personally arrest a criminal defendant violated the applicable rules and merited the sanction of suspension without pay. Here, the Court reviews misconduct… Read more
