Waukesha County v. E.A.B., Jr., 2021AP986-FT, District 2, 9/8/21 (one-judge decision; ineligible for publication); case activity E.A.B. was first committed in 2008. At what would appear to be the 12th extension hearing, in 2020, it was extended again. E.A.B.’s challenges to the sufficiency of the evidence for that extension, and for the associated medication order… Read more
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State v. L.M., 2021AP970, District 1, 9/8/21 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in denying L.M.’s motion to vacate the default judgment entered against her in this TPR case. L.M. failed to appear at the initial appearance, though she’d served by mail and told about the court… Read more
A new report (summarized here) from the Council on Criminal Justice digests some recent recidivism data is out, explaining, among other findings, that the return-to-prison rate has dropped, that rearrest rates remain high for people leaving prison, but that most of those rearrests are for public order offenses. Here‘s the whole thing. And a recent… Read more
Shawano County v. S.L.V., 2021AP223, District 3, 8/17/21 (one-judge decision; ineligible for publication); case activity Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, requires a circuit court to make specific fact findings about dangerousness at a ch. 51 commitment hearing. The circuit court didn’t do that in this case… Read more
State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs) Issues presented (composed by On Point from the PFR and cross PFR) Was the circuit court’s ex parte voir dire and removal of a juror during trial… Read more
SCOW to review meaning of “misdemeanor crime of domestic violence” under concealed carry license law
Daniel Doubek v. Joshua Kaul, 2020AP704, certification granted June 16, 2021; case activity (including briefs) Issue (from Court of Appeals’ Certification): Are Evans v. DOJ, 2014 WI App 31, 353 Wis. 2d 289, 844 N.W.2d 403, and Leonard v. State, 2015 WI App 57, 364 Wis. 2d 491, 868 N.W.2d 186, “good law” in light… Read more
On August 25, 2021, the court of appeals ordered publication of the following criminal law related decisions: State v. Oscar C. Thomas, 2021 WI App 55 (rejecting challenges to conviction based on Confrontation Clause violation, corroboration of confession issue, and biased juror claim). State v. Avery B. Thomas, 2021 WI App 59 (defendant entitled to… Read more
State v. Joel R. Davis, 2021 WI App 65; case activity (including briefs) A police officer stopped Davis’s car in the early evening. He initially said it was because Davis lacked a passenger-side mirror. But it turns out that’s not illegal. Wis. Stat. § 347.40. So the next day–and despite having failed to mention it… Read more
