State v. Mister N.P. Bratchett, 2018AP2305-CR, 4/22/20, District 1 (not recommended for publication); case activity Bratchett was convicted of mutilating a corpse under §940.11(1), which requires proof that: (1) the defendant mutilated a corpse, and (2) he did so with intent to conceal a crime. On appeal, Bratchett argued that there was insufficient evidence to… Read more
46. WI Court of Appeals
State v. Wyatt William Kontny, 2020 WI App 30; case activity (including briefs) You’d think all the sentence credit issues would’ve been settled by now, but it’s not so! This case settles two of them. The first issue: Does a stipulation to sentence credit at the time of sentencing preclude the defendant from later seeking… Read more
State v. Katelyn Marie Leach, 2019AP1830-CR, 4/16/20, District 4, (1-judge opinion, ineligible for publication; case activity (including briefs) Leach pled “no contest” to 2nd offense operating a motor vehicle with a restricted substance. She moved to suppress evidence that she gave an officer after he told her that (a) if she only had paraphernalia or… Read more
State v. Aman D. Singh, 2018AP2412-CR, 4/16/20, District 4, (1-judge opinion, ineligible for publication); case activity Singh appealed an OWI second, which the court of appeals summarily reversed and remanded with an order for the circuit court to provide the relief due under §971.13–voiding any penalty in excess of the statutory maximum. On remand, the… Read more
State v. Keith M. Abbott, 2020 WI App 25; case activity (including briefs) After losing a suppression motion, Abbott pled “no contest” to 2nd degree intentional homicide. The court of appeals affirmed the denial of suppression for some evidence and reversed it as to other evidence. It held that Abbott’s mental breakdown during questioning did… Read more
A.C.-E. v. I.M., 2019AP573, 4/15/20, District 4 (one-judge decision; ineligible for publication); case activity The court of appeals rejects I.M.’s request for a new TPR grounds trial. A.C.-E. sought termination I.M.’s parental rights to their child, E.M.C., asserting as grounds that I.M. had abandoned E.M.C. and failed to establish parental responsibility. (¶¶2-10). I.M. makes two… Read more
Marathon County v. R.J.O., 2020 WI App 20; case activity This is an important, published, and demonstrably incorrect court of appeals’ decision regarding Chapter 51 recommitment procedure. The county petitioned to recommit R.J.O. but the Marathon County Sheriff’s Department did not bother trying to serve her. Its certificate of service states: “There were no attempts… Read more
State v. Shannon G. Potocnik, 2019AP523, 4/14/20, District 3 (one-judge decision; ineligible for publication) case activity (including briefs) There’s a deep split nationwide about whether the community caretaker doctrine can ever permit entry into a home. Wisconsin has held that it can, and this pro se appeal is of course necessarily fact-bound. But the decision… Read more