State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no… Read more
D. Waiver of issues/arguments
Portage County v. D.P.W.O., 2023AP1975, 3/7/24, District IV (one-judge decision; ineligible for publication); case activity In yet another appeal challenging the use of hearsay statements contained within an examiner’s report, COA rejects D.P.W.O.’s attempt to use the plain error doctrine to prove that this unpreserved error merits reversal of the extension order. At D.P.W.O.’s extension… Read more
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute. Schultz tried to leave the “Bull Pen Bar” and… Read more
State v. Troy Allen Shaw, 2023AP697, 1/24/24, District II (1-judge decision; ineligible for publication); case activity (including briefs) Shaw’s challenge to improper closing argument persuades COA that the prosecutor erred, but fails to overcome the imposing tests for plain and harmless error. Shaw appeals his conviction for criminal trespass to a dwelling. (¶1). In a… Read more
State v. Robert E. Hammersley, 2022AP263, 1/4/24, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) This pro se appeal fails due to the well-settled application of a procedural bar against successive litigation. Hammersley has been trying, without success, to reopen his 1998 drunk driving case for several years via a battery of… Read more
Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms. “Mason” appeals an order continuing his protective placement following a due process review hearing… Read more
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the… Read more
State v. Batterman, 2022AP181, 11/28/23, District III (ineligible for publication); case activity Given the discretionary standard of review used to assess a circuit court’s evidentiary rulings, COA wastes no time in upholding the court’s order excluding evidence the defendant did well on some field sobriety tests at a second offense PAC trial. Batterman was originally… Read more
