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C. Briefs/Appendices

Department on Aging v. R.B.L., 2022AP1431, District I, 6/27/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In this protective placement appeal raising two interesting issues related to the circuit court’s competency, the court of appeals reverses with instructions to dismiss the underlying petition. R.B.L. has been the subject of a protective placement… Read more

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State v. Caroline J. Arndt, 2022AP450-CR, District 2, 10/12/22 (one-judge decision; ineligible for publication); case activity (including briefs) Arndt pleaded no contest to disorderly conduct, but the circuit court’s plea colloquy was defective in two crucial ways, so on the merits—and because the state declined to file a brief in the court of appeals—she’s entitled… Read more

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State v. Robert K. Nietzold, Sr., 2021AP21-CR, petition for review of an unpublished court of appeals decision granted 4/13/22; case activity (including briefs and PFR) Issue presented (composed by On Point based on the state’s PFR) Was the state’s breach of its plea agreement with Nietzold remedied by the prosecutor’s withdrawal of the erroneous recommendation… Read more

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State v. Eric Allen Erickson, 2021AP1826-CR, District 4, 3/31/22 (one-judge decision; ineligible for publication); case activity (including briefs) The state appealed a circuit court order granting Erickson’s collateral attack of a prior OWI conviction. Erickson’s response brief argued that the state ignored the relevant facts and relied on irrelevant facts. Erickson also cited authorities that… Read more

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State v. Sean B. Day, 2021AP1018, 11/24/21, District 4 (one-judge decision; ineligible for publication); case activity (including brief) Day was initially charged with repeated sexual assault of a child for sexual contact with a 14-year-old when he was 17. He ended up pleading to a single count of fourth-degree sexual assault and was put on… Read more

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Not egregious….yet

State v. Santiago B. Rios, 2020AP2132-CR, was slated to be decided today, but it wasn’t. Instead, the court of appeals issued an order directing the state (represented here by the district attorney’s office) to file a respondent’s brief. The state missed its first briefing deadline. It then ignored a delinquency notice ordering the state to… Read more

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State v. Synika Antonio Kirk, 2019AP175, 9/22/20, District 3 (not recommended for publication); case activity (including briefs) You know, those semis that carry like 6 or 10 cars. Kirk owned a 1989 Jaguar that was riding on such a vehicle along with several other cars. A Kansas trooper pulled the truck over and asked to… Read more

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State  v. Catherine Cuskey Large, 2019AP1966-CR, 8/13/20, District 4 (1-judge opinion, ineligible for publication; case activity (including briefs) The court of appeals correctly affirmed the circuit court’s decision to suppress OWI evidence in this case, where an officer admitted that the New Glarus Police Department’s “protocol” was to administer PBTs on motorists whether they had… Read more

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