State v. K.R.W., 2024AP1210, 2/19/25, District II (one-judge decision; ineligible for publication); case activity Although COA does not address K.R.W.’s broader constitutional argument, it holds that suppression is warranted given the State’s violation of a statute requiring an intake worker to warn a juvenile of his right to counsel and right against self-incrimination before taking… Read more
46. WI Court of Appeals
Dane County v. A.M.M., 2024AP1670, 2/13/25, District IV (1-judge decision, ineligible for publication); case activity “Amanda” challenges the sufficiency of the evidence pertaining to her medication order. The COA calls this a “close case,” but affirms. Amanda stipulated to a ch. 51 commitment during a voluntary admission to a psychiatric hospital. Prior to her admission… Read more
COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution
State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs. Johnson was… Read more
State v. R.J.S., 2024AP2186, 2/7/25, District I (1-judge decision, ineligible for publication); case activity COA rejects R.J.S.’s challenges to the sufficiency of the evidence and applies a well-settled standard of review to uphold the circuit court’s discretionary termination order. Sufficiency of the Evidence A jury found in favor of the State with respect to both… Read more
State v. Joseph Paul Morello, 2024AP931-CR, 2/6/25, District IV (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order denying Joseph Morello’s motion to suppress the fruits of his traffic stop. Although COA did not address circuit court’s conclusion that police had reasonable suspicion that Morello’s vehicle was connected to reports of gunshots… Read more
Sheboygan County v. N.A.L., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal asking COA to clarify the procedure for accepting a stipulation to a mental commitment, COA refuses N.A.L.’s invitation to issue a precedential opinion and affirms based largely on a prior unpublished decision. “Nathan” appeals orders for… Read more
Trempealeau County v. C.B.O., 2024AP1520-FT, 2/4/25, District III (one-judge decision; ineligible for publication); case activity COA affirms, holding that the evidence of a verbal threat to kill someone, and “Carl’s” actions during a subsequent police chase, were both sufficient to establish dangerousness under Wis. Stat. § 51.20(1)(a)2.b. Carl was emergently detained after police responded to… Read more
State v. Jonathon Wayne Allen Beenken, 2024AP419-CR, 1/24/25, District IV (1-judge decision, ineligible for publication); case activity (including briefs) COA holds that the clear and unambiguous terms of Beenken’s diversion agreement required the circuit court to grant the state’s motion to revoke the agreement. Beenken entered into a diversion agreement upon his no contest plea… Read more