State v. Andreas W. Rauch Sharak, 2024AP469-CR, 1/16/25, District 4; case activity (including briefs) Rauch Sharak’s appeal concerns whether Fourth Amendment safeguards are implicated when an electronic service provider (ESP) scans for and reviews digital files in an individual’s account that are flagged as child pornography; and when law enforcement subsequently opens and views any flagged… Read more
46. WI Court of Appeals
Monroe County v. H.K.B., 2024AP1305, District 4, 1/16/25 (one-judge decision; ineligible for publication); case activity On appeal from the two most recent Watts review hearings, the COA concludes that there was insufficient evidence for the protective placement order because the County failed to prove that H.K.B. was “so totally incapable of providing for . … Read more
State v. Holly J. Grimslid, 2024AP954, 1/16/24, District IV (one-judge decision; ineligible for publication); case activity COA holds that, even if officer’s actions denying the defendant’s request to use the bathroom while he waited to obtain warrant for a blood draw were unreasonable under the Fourth Amendment, suppressing evidence of the blood draw is not… Read more
State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek… Read more
Wood County v. P.J.L., 2024AP2098-FT, 1/9/25, District IV (one-judge decision; ineligible for publication); case activity In a chapter 55 appeal arising from a somewhat unusual posture–a continued protective placement order following a jury trial–COA’s invocation of an exceedingly deferential standard of review results in affirmance. P.J.L. has been under a protective placement since 2021. (¶5)… Read more
In October, November and December, COA ordered several cases published which are relevant to our practice: October: State v. J.D.B., 2024 WI App 61 (major case interpreting and applying the many requirements for an involuntary medication order entered in conjunction with pretrial competency proceedings). November: State v. Kayden R. Young, 2024 WI App 65 (clarifying… Read more
Dane County v. M.A.A., 2024AP1589, 12/27/24, District IV (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order authorizing involuntarily administering medication to M.A.A. in light of evidence that M.A.A. denies he has a mental illness. M.A.A. was committed under Chapter 51 due to a history of schizophrenia spectrum… Read more
State v. D.Y., 2024AP710, 12/26/24, District I (1-judge decision, ineligible for publication); case activity “Daniel” appeals from the circuit court’s order adjudicating him as a juvenile delinquent, on the basis of a second-degree sexual assault of a child offense. (¶1). He contends that the state failed to prove the intent element, specifically, sexual gratification or… Read more
