State v. Nicholas A. Conger, 2022AP844, 12/14/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) A cop stopped Conger’s vehicle for a broken high-mounted stop lamp. On approaching the vehicle, the officer would testify, he smelled intoxicants. He asked Conger what he was smelling, to which Conger replied “Probably the pot.” Conger… Read more
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State v. Charles W. Richey, 2021AP142-CR, reversing an unpublished COA opinion; 12/9/22, case activity (including briefs) “Freedom for all,” including the driver of the Harley in this case. In a quirky 4-3 decision, the liberal justices plus RGB hold that a deputy’s warning to be on the lookout for a Harley-Davidson driving erratically and speeding… Read more
Winnebago County v. C.L.S., 2022AP1155-FT, 12/14/22, District 2, (1-judge opinion, ineligible for publication); case activity C.L.S. sought reversal of his recommitment under §51.20(1)(a)2.e arguing that the county’s evidence of dangerousness was insufficient, and the circuit court failed to make the findings required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942… Read more
State v. Benjamin G. Churley, 2022AP189-CR, District 4, 12/8/22 (one-judge decision; ineligible for publication); case activity (including briefs) The 35-month delay in Churley’s case did not violate his constitutional right to a speedy trial. In November 2017 Churley was charged with operating while intoxicated and operating with a prohibited alcohol concentration. He filed pretrial motions… Read more
Be sure to check out today’s Inside Track article “We Need to Recognize the Implicit Bias in Wisconsin’s Youth Justice System” by ASPD Alaina K. Fahley. Black and White youths engage in delinquent behaviors at similar rates. But while Black youth constitute only 11.2% of the Wisconsin youth population, they make up almost 25% of… Read more
State v. A.H., 2022AP1454, 12/6/22, District 1, (1-judge opinion; ineligible for publication); case activity The sole issue in this TPR appeal is whether the circuit court failed to consider the “best interests” of D.H.’s daughter. D.H. noted that the circuit court’s oral decision “wholly omits consideration of and reference to the best interest factor.” Opinion… Read more
State v. Christopher D. Wilson, 2022 WI 77, 11/23/22, reversing an unpublished decision of the court of appeals, 2020AP1014; case activity (including briefs) Someone called the police to report that a vehicle was driving erratically “all over the road.” The caller said the car had stopped in the alley behind a particular house and described… Read more
State v. C.B. & State v. N.M.M., 2022AP906 & 966, 11/29/22, District 1 (one-judge decision; ineligible for publication); case activity C.B. and N.M.M. appeal the termination of their parental rights. They challenge the method the Milwaukee Clerk of Courts used to select the venire for their trial: drawing from a pool of “reserve jurors” and… Read more
