Douglas County v. K.A.D., 2023AP1072, petition for review of an unpublished court of appeals decision granted 6/17/24; case activity (including briefs) In an interesting grant, SCOW agrees to review this freestanding appeal of an expired medication order. UPDATE: This case has now been voluntarily dismissed. As we pointed out in our prior post, this medication appeal… Read more
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Washington County v. T.R.Z., 2024AP21, District II, 6/19/24 (one-judge decision; ineligible for publication); case activity Although “Tim’s” appeal presents several issues for review, COA dismisses the appeal as moot given the existence of an intervening Watts review. Tim has been under guardianship and protective placement orders since 2021. (¶3). This is an appeal of an order continuing… Read more
United States of America v. Rahimi, USSC No. 22-915, 6/21/2024, reversing United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023); Scotusblog page (with links to briefs and commentary) In a much-anticipated Second Amendment decision, SCOTUS tries to clarify its turbulent precedent regarding firearm restrictions and offers a limited holding upholding a federal statute disarming… Read more
State v. Robert M. Schueller, 2023AP1755-CR, 6/20/24, District IV (recommended for publication); case activity In a decision recommended for publication, the court of appeals holds that advances in PTSD treatment constitute a new factor, where the sentencing court expressly relied on its understanding that Schueller’s PTSD was uncurable in determining his risk to the public and… Read more
Village of Butler v. Brandon J. Hernandez, 2023AP1707, 6/19/24, District II (one-judge appeal; ineligible for publication); case activity Hernandez challenges the circuit court’s finding that he improperly refused to submit to a OWI blood draw, arguing that he consented. The court of appeals rejects his argument, concluding that the circuit court’s finding was not clearly… Read more
State v. Michael Gene Wiskowski, 2024 WI 23, 6/18/24, reversing and remanding an unpublished court of appeals decision; case activity (including briefs) Community caretaking does not allow police to continue seizure after officer resolves purpose for stop unless reasonable suspicion or probable cause developed. Three justices question continuing validity of Wisconsin’s community caretaking precedent in… Read more
Garland v. Cargill, USSC No. 22-976, June 14, 2024, affirming Cargill v. Garland , 57 F.4th 447 (5th Cir. 2023) (en banc); Scotusblog page (with links to briefs and commentary) ATF exceeded authority when it defined “machinegun” to include bump stocks. The National Firearms Act of 1934 prohibits possessing or transferring a “machinegun,” which is… Read more
St. Croix County v. B.T.C., 2023AP2085, 6/11/24, District III (one-judge decision; ineligible for publication); case activity In the second decision this week reversing a circuit court’s commitment order under Chapter 51, the COA concludes that respondent telling a police officer that he would “bring the chief to justice” not sufficient to establish the respondent is… Read more
