State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated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
D. Waiver of issues/arguments
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
Manitowoc County v. M.B., 2023AP163-164, 9/20/23, District II(one-judge decision; ineligible for publication); case activity Applying a deferential standard of review, COA holds that the circuit court did not err when it ordered a parent to comply with an out-of-state psychosexual evaluation/assessment as a condition of return. M.B. entered an admission that two of his children… Read more
Brown County D.H.S. v. A.K., 2023AP730, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available). A.K. concedes that the circuit court properly exercised its discretion at this dispositional hearing, but argues that the order must still be reversed as there was no direct evidence from the proposed adoptive resource. COA rejects… Read more
