State v. Reynaldo Rosalez, 2022AP1929-CR, 6/11/24, District I (not recommended for publication); case activity In a case illustrating the stringent standard of review used to assess findings of fact, COA dispatches with Rosalez’s claim that his lawyer failed to discuss a defense related to his alleged medication-induced amnesia. Rosalez pleaded no contest to sexually assaulting… Read more
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Marathon County v. N.R.P., 2023AP638, 6/11/24, District III (one-judge decision; ineligible for publication); case activity In yet another Chapter 51 reversal, COA finds fault with both the circuit court’s decision to admit and rely on hearsay evidence and its failure to make the required findings. Hearsay Evidence As is common at recommitment proceedings, the County… Read more
Winnebago County v. Thomas J. Roberts, 2023AP1808, District II, 6/12/24 (one-judge decision; ineligible for publication); case activity In a rare appeal of a conviction for speeding, COA easily dispatches Roberts’s arguments given the deferential standard of review for findings of fact. Roberts was cited for speeding after a trooper first visually estimated his speed at… Read more
May was quiet; aside from the seismic win in Pope, there were only a few cases of potential interest to our readers: United States of America v. Emanuel Dameron, No. 22-3291: This case is notable for what it chooses not to resolve. It’s also a potentially terrifying reminder of what police surveillance looks like in our modern… Read more
Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, 6/4/24, District III (recommended for publication); case activity Court of Appeals affirms circuit court’s order affirming DOJ’s decision to deny applicant’s request to purchase firearm after applicant’s conviction for a misdemeanor crime of domestic violence was expunged. Scot Van Oudenhoven was convicted in a 1994 Calumet County… Read more
State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms. Schenian drew the attention of police while operating his Jeep, at around 2:30 A.M., with a top-mounted light so bright it… Read more
Outagamie County DHHS v. L.C.E., 2023AP929, District 3, 6/4/24 (one-judge decision; ineligible for publication); case activity There was insufficient evidence for the protective placement order because the County failed to prove that “Lauren” was “so totally incapable of providing for . . . her own care or custody as to create a substantial risk of… Read more
City of Hartford v. Edward H. White, 2023AP1813 & 2023AP1814, 6/5/24, District II (1-judge decision, ineligible for publication); case activity Although White tries to argue that he was under an unconstitutional constructive arrest when initially seized for suspicion of an OWI offense, COA finds his arguments unavailing and affirms. Officers observed White’s vehicle make an… Read more
