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State v. Carl Lee McAdory, 2021 WI App 89; case activity (including briefs) McAdory was charged with driving with a detectable amount of restricted controlled substances—cocaine and THC—and driving under the influence of those substances. At trial, the state convinced the trial judge to modify the standard jury instruction for the latter charge, Wis. J.I.—Criminal… Read more

State v. Dallas R. Christel, 2020AP1127-1128-Cr, 12/8/21, District 2 (not recommended for publication); case activity (including briefs) Christel argued that §940.235, which criminalizes strangulation and suffocation, (1) violates substantive due process on its face and as applied to him, (2) is overbroad, and (3) is void for vagueness. He also argued for a new-factor-based sentence… Read more

State v. Nietzold, 2021AP21-CR, 12/9/21, District 4 (not recommended for publication), petition for review granted 4/13/22; case activity (including briefs) The State admits that it made a sentencing recommendation that breached the parties’ plea agreement. It claimed that the breach was not “material and substantial” because after the defendant objected it withdrew the recommendation. The… Read more

State v. B.M., 2021AP501-FT, 12/14/21, District 3 (1-judge opinion, ineligible for publication); case activity A court found “Brandon” delinquent and placed him on juvenile supervision. It said that if the State wanted electronic monitoring it could “schedule further proceedings and we’ll take that up.” But then the written order directed that he “shall participate in… Read more

State v. Anne E. Streckenbach, 2020AP345-CR, 12/7/21, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs) When a cop stopped Streckenbach for a traffic violation he observed signs of intoxication. He asked her the 24 questions that appear the DOT’s Alcohol/Drug Influence Report–questions that are usually asked after the driver has been arrested… Read more

State v. A.P., 2021AP1146-47, 12/7/21, District 1 (1-judge opinion, ineligible for publication); case activity A.P. appealed orders terminating his parental rights to his two children. The court of appeals rejected his claim that the circuit court erroneously exercised its discretion when it refused to make his mother the guardian of the children and his new… Read more

Marathon County v. J.A.E., 2021AP898, 12/7/21, District 3, (1-judge opinion, ineligible for publication); case activity For an initial commitment under §51.20(1)(a)2.c., the circuit court must find clear and convincing evidence that a mentally ill person’s judgment is impaired such that there  is “a substantial probability of physical impairment or injury to himself or others.” The… Read more