State v. Michael A. Wilson, 2022AP1099, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) Despite some procedural quirks, the Court of Appeals wastes no time in affirming what turns out to be a relatively straightforward refusal conviction. Wilson appeals a conviction for refusing to take an evidentiary test following his arrest… Read more
1. Appeals
State v. William J. Buffo, 2023AP302 & 2023AP303, 8/31/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) This pro se appeal stems from two criminal cases, but the opinion concerns an order from the circuit court that set “parameters for Buffo’s future filings.” In short, the circuit court entered an order that barred… Read more
State v. Kale K. Keding, 2022AP1373-CR & 2022AP1374-CR, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an eminently readable and refreshing opinion, COA methodically works through a battery of counterarguments to hold that police could not use statements Keding made after having been asked about a tissue he discarded into… Read more
State v. C.D., 2023AP1025, District I, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an exciting defense win, District I signals a willingness to critically review default orders entered in Milwaukee County. C.D. faced involuntary termination of her parental rights and, as is customary, was warned twice that a failure to… Read more
Defense win! County failed to prove patient received a reasonable explanation of proposed medication
Marinette County v. A.M.N., 2022AP1395, District III, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available) Faced with a weak record, COA holds that A.M.N. cleared imposing hurdles to relief and reverses the lower court’s medication order as there was no proof he received a reasonable explanation of the proposed medication. However, despite a… Read more
Winnebago County v. J.L.C., 2023AP200, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available) Although most litigators believed that arguments about mootness in 51 appeals were now settled, COA resurrects the mootness doctrine to deny relief in this appeal of an expired order. J.L.C. appeals an initial commitment order and accompanying… Read more
Tyler A. Gonzales v. Cheryl Eplett, No. 22-2393, 8/9/23 (Available on Westlaw as 2023 WL 5086451) In a case demonstrating the full power of AEDPA’s stringent standard of review, the 7th Circuit is powerless to grant a new trial despite its palpable discomfort when evaluating the performance of defense counsel. In 2015, Gonzales got in… Read more
Dane County DHS v. S.M., 2023AP607, 6/8/23, District 4 (one-judge decision; ineligible for publication); case activity (briefs not available). In an appeal challenging the circuit court’s decision to terminate S.M.’s parental rights, the court of appeals concludes the court did not need to receive “direct evidence” from the proposed adoptive parents before exercising its discretion… Read more
