Marathon County v. S.S., 2024AP1866, 5/8/25, District III (1-judge decision, ineligible for publication); case activity “Sean” appeals orders of the circuit court terminating his parental rights to his daughter, “Zoey,” and denying his motion for postdisposition relief. He argues that he was denied effective assistance of counsel in four respects during the grounds trial, and… Read more
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State v. Bernabe Gonzalez, 2024AP358-CR, 5/6/25, District I (1-judge decision, ineligible for publication); case activity In what we believe is COA’s first foray into the vexing world of firearm regulation post-Bruen and Rahimi, COA holds that Wisconsin’s statute prohibiting intoxicated persons from “going armed” passes muster under an originalist legal analysis. Faithful readers will recall that this issue… Read more
COA finds preserving electric vehicle’s battery no defense for driving too slowly on the expressway.
State v. Colin R. Dowling, 2024AP524, 5/1/25, District IV (1-judge decision, ineligible for publication); case activity The COA found sufficient evidence to sustain Colin Dowling’s civil forfeiture obligation for impeding traffic by driving at a slow speed. Although Dowling argued that there were no reasonable alternatives to slowing down his Tesla to preserve its battery… Read more
Fond du Lac County v. D.P.E., 2025AP66-FT, 4/30/25, District II (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s orders recommitting D.P.E. (referred to as “Donald”) and authorizing the involuntarily administration of medication. Donald argued on appeal that the county did not present sufficient evidence to establish dangerousness and failed to meet… Read more
Leon Carter v. Lizzie Tiegels, No. 23-1266, 4/24/25 In a knotty habeas case, the complexities of habeas corpus law mean that Carter’s challenges to how COA handled his no-merit appeal and an underlying (and unique) claim of juror intrusion do not merit relief. During the jury deliberations at Carter’s trial, the jury passed a note… Read more
State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions… Read more
State v. Kimberly D. Rowe, 2022AP2122-CR, 4/22/25, District III (1-judge decision, ineligible for publication); case activity The COA considered when a collection of liquor bottles behind the counter of what appeared to be a bar becomes “intoxicating liquor” for which a license is required to possess for intended sales. Because the State did not prove… Read more
Holsey Ellingburg, Jr. v. United States, USSC No. 24-557, certiorari granted 4/7/25 SCOTUS added to its 2025-26 docket on April 7, when it granted the petitioner’s cert. petition to address the following: Question presented: Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause. Decision… Read more
