State v. Mitchell D. Butschle, 2023AP2120-CR, 5/8/24, District II (one-judge decision, ineligible for publication); case activity On appeal from a conviction for operating with a detectable controlled substance, the court rejects Butschle’s claims that police lacked probable cause to arrest. The court affirms because “there were enough indicators of impairment to satisfy probable cause to… Read more
3. Facts/record
State v. Luis A. Ramirez, 2022AP959-CR, 4/25/24, District IV (recommended for publication); petition for review granted 10/7/24, case activity In a must-read defense win, COA holds that the State’s “cavalier disregard” for Ramirez’s speedy trial rights entitle him to dismissal of the underlying complaint. Be warned: This is a lengthy opinion, the upshot of which is… Read more
Manitowoc County HSD v. K.R., 2022AP1975-78, 12/27/23, District II (one-judge decision; ineligible for publication); case activity Presented with a confusing pro se attack on permanency orders entered in these underlying CHIPS cases, COA affirms largely because it cannot ascertain the nature of the appellant’s challenge. Following the filing of CHIPS petitions for four of K.R.’s… Read more
State v. Chase M.A. Boruch, 2018AP152, 5/19/20, District 3 (not recommended for publication); case activity (including briefs) Boruch, pro se, filed a Wis. Stat. § 974.06 motion raising a slew of claims related to his conviction, at jury trial, for first-degree intentional homicide. He’d already had an 809.30 postconviction motion and direct appeal (with counsel)… Read more
Terez Cook v. Brian Foster, Warden, 7th Circuit Court of Appeals No. 18-2214, 1/29/2020 Pursuing a federal writ of habeas corpus is always a long shot; in non-capital cases fewer than 1% of petitions are successful. Terez Cook gets it done here, convincing the Seventh Circuit his lawyer was ineffective at his trial for a… Read more
State v. Robert James Pope, Jr., 2019 WI 106, affirming an unpublished court of appeals opinion; case activity (including briefs) In the most absurd decision this term (still time for worse), SCOW has denied a defendant sentenced to life without parole both a direct appeal and a new trial because the court system destroyed all… Read more
State v. Scott L. Nutting, 2017AP2049, 10/2/19, District 2, (not recommended for publication); case activity (including briefs) At Nutting’s trial for sexual assault of a child, the State played parts of an audio recording of his custodial interview, but court and counsel neglected to make a record of them. Some would have been highly prejudicial… Read more
Village of McFarland v. Dale R. Meyer, 2018AP2130, 5/23/19, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Harsh! That’s best description for this court of appeals decision sanctioning Meyer for his pro se appeal of his first OWI. The decision runs afoul of Amek Bin- Rilla v. Israel, 113 Wis. 2d 514, 335 N.W… Read more
