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46. WI Court of Appeals

State v. Robert E. Hammersley, 2022AP263, 1/4/24, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) This pro se appeal fails due to the well-settled application of a procedural bar against successive litigation. Hammersley has been trying, without success, to reopen his 1998 drunk driving case for several years via a battery of… Read more

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State v. Laquanda N. Strawder, 2022AP2112, 1/17/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court held that police lacked probable cause to arrest Strawder for OWI and suppressed the resulting evidence, including her breath test results. The state appealed, claiming the circuit court’s factual findings and analysis were so… Read more

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State v. Wayne L. Timm, 2023AP351, 1/19/24, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The police thought Timm might be responsible for a string of burglaries in the area, and so were looking out for his vehicle. When an officer spotted it one night, he pulled it over for going 31… Read more

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State v. D.K., 2023AP292-293, 1/3/24, District I (one-judge decision; ineligible for publication); case activity Despite a novel challenge as to the integrity of his plea, COA rejects “Daniel’s” arguments and affirms in this TPR appeal. Daniel’s legal troubles began when DMCPS received information that he had physically abused his nine-month old child, Corey. (¶2). As… Read more

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Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms. “Mason” appeals an order continuing his protective placement following a due process review hearing… Read more

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Manitowoc County HSD v. K.R., 2022AP1975-78, 12/27/23, District II (one-judge decision; ineligible for publication); case activity Presented with a confusing pro se attack on permanency orders entered in these underlying CHIPS cases, COA affirms largely because it cannot ascertain the nature of the appellant’s challenge. Following the filing of CHIPS petitions for four of K.R.’s… Read more

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November and December 2023 Publication Orders

The court of appeals issued the final two publication orders of the year on November 29, 2023, and December 21, 2023. Two criminal law related decision are included in the orders: State v. John J. Drachenberg, 2023 WI App 61 (holding that the “execution” of a search warrant does not include forensic analysis that can… Read more

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State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the… Read more

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