State v. Laverne Ware, Jr., 2021 WI App 83; case activity (including briefs) When the parties filed their initial briefs in this appeal, it was a community-caretaker case. But during briefing, the Supreme Court decided Caniglia v. Strom, which made clear that this doctrine doesn’t permit searches in the home (in the process invalidating some… Read more
1. Appeals
State v. X.S., 2021AP419, review of an unpublished court of appeals opinion, granted 10/18/21, case activity Issues: 1. Whether the court of appeals erroneously exercised its discretion in denying “Xander’s” motion for reconsideration less than 24 hours after it was filed without any explanation? 2. Whether a juvenile who stipulates to the prosecutive merit of… Read more
City of Port Washington v. Sandra J. Koziol, 2021AP449-450-FT, 10/6/21, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs) Each year, Wisconsin’s municipal courts resolve close to half of a million cases, including traffic offenses, OWIs, and other quasi-criminal matters. See data here. A party aggrieved by a municipal court judgment has a… Read more
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
State v. Donald P. Coughlin, 2019AP1876-CR, petition for review of an unpublished court of appeals decision granted 9/14/21; case activity (including briefs) Issues presented (from State’s petition for review) 1. How does a court consider the theory of guilt in an evidence sufficiency claim when an inconsistency exists between a jury instruction and verdict? 2… Read more
State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs) Issues presented (composed by On Point from the PFR and cross PFR) Was the circuit court’s ex parte voir dire and removal of a juror during trial… Read more
State v. Jacky Lee, 2020AP1633, 7/27/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The state arrested Lee for second-offense OWI and PAC violations. The intoximeter breath test he took at the police department was video-recorded. However, due to the state’s delay in charging Lee, he did not request the video until… Read more
State v. Oscar C. Thomas, 2021 WI App 55; Review granted 1/11/22; affirmed 2/21/23; case activity (including briefs) This is the appeal from Thomas’s second conviction at trial for the false imprisonment, sexual assault and murder of his wife. (The first conviction was ultimately undone by the Seventh Circuit, which held that his counsel had… Read more
