State v. T.A., 2020AP1350, 12/28/21, District 3 (1-judge opinion, ineligible for publication); case activity Tanner (16) had sex with a girl (16) after she told him to “stop.” The circuit court adjudicated him delinquent and imposed but stayed a requirement that he register as a sex offender. Subsequently, the court lifted the stay and ordered… Read more
admin
On December 27, 2021, the court of appeals ordered publication of the following criminal law related decisions: State v. Laverne Ware, Jr., 2021 WI App 83 (emergency aid exception justified entry into garage where corpse was found) State v. Alex Scott Stone, 2021 WI App 84 (restitution award twice the value of the victim’s property… Read more
State v. Nestor Luis Vega, 2021AP126-CR, District 4, 12/23/21 (not recommended for publication); case activity (including briefs) Vega testified at his trial on drug delivery charges and denied he had sold drugs to the informant and that the informant was not telling the truth. (¶12). On cross examination, the prosecutor, over defense counsel’s objections, asked… Read more
State v. Randy J. Promer, 2020AP1715-CR, 12/21/21, District 3 (not recommended for publication); case activity (including briefs). Last term, SCOTUS rejected the idea that “community caretaking” is a standalone doctrine that justifies warrantless searches and seizures in the home. See Caniglia v. Strom, 141 S. Ct. 1596 (2021). Concurring opinions raised the possibility that the… Read more
Waupaca County v. G.T.H., 2021AP1490, 12/23/21, District 4 (1-judge opinion, ineligible for publication); case activity At Waupaca County’s request, the circuit court entered recommitment and medication orders against G.T.H. Six months later, the County conceded that the circuit court had failed to make the factual findings required by Langlade County v. D.J.W., 2020 WI 41, ¶¶3… Read more
Wisconsin Justice Initiative v. Wisconsin Elections Commission, 2020AP2003, certification issued 12/21/21; case activity (including briefs) Question certified (composed by On Point): Was the single ballot question submitting the “Marsy’s Law” constitutional amendments to voters legally insufficient because it: (1) does not “reasonably, intelligently, and fairly comprise or have reference to every essential of the amendment,”… Read more
State v. K.B.W., 2021AP47, District 1, 12/21/21 (one-judge decision; ineligible for publication); case activity K.B.W. argues the circuit court erroneously exercised its discretion when it ordered him to register as a sex offender because it didn’t determine K.B.W.’s conduct was “sexually motivated,” as required by § 938.34(15m)(am)1. Though the circuit court didn’t make an express finding… Read more
Rock County v. P.P., 2021AP678, District 4, 12/16/21 (one-judge decision; ineligible for publication); case activity P.P. challenges the sufficiency of the evidence elicited in support of the involuntary medication order issued in April 2020, along with the original commitment order. Both orders were set to expire in October 2020, so in September 2020 the County petitioned… Read more
