Winnebago County v. D.E.W., 2023AP215, District II, 7/26/23, 1-judge decision ineligible for publication; petition for review granted 12/12/23; dismissed as improvidently granted 5/14/24 case activity (briefs not available) In yet another appeal of a medication order, COA concludes the County sufficiently cleared legal hurdles meant to protect citizens from the involuntary administration of psychotropic drugs. “Darren” appeals… Read more
46. WI Court of Appeals
State v. Ned Guerra, 2022AP2098-CR, 7/19/23, District 2 (1-judge decision; not eligible for publication); case activity (including briefs) Twenty-0ne months passed between the filing of the criminal complaint and Guerra’s trial. The delay was caused by a state’s witness’ temporary unavailability and the circuit court’s COVID-based backlog of higher-priority trials. While Guerra clearly asserted his right… Read more
Racine County v. P.J.L, 2023AP254, District 2, 7/19/23, 1-judge decision ineligible for publication; case activity (briefs not available) In Outagamie County v. L.X.D.-O., 2023 WI App 17, ¶36, 407 Wis. 2d 518, 991 N.W.2d 518 (PFR denied), the court of appeals rejected a sufficiency challenge to an involuntary medication order and held that an examiner’s report… Read more
State v. Danial Christopher Wheaton, 2022AP2082-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs) The officer who arrested Wheaton for OWI flubbed the first clause of the first sentence of the “Informing the Accused” script set out in § 343.305(4), but still substantially complied with the statute. The first clause of… Read more
Waukesha County v. C.M.M., 2022AP2081, District 2, 7/19/23 (one-judge decision; ineligible for publication); case activity C.M.M. (“Charles”) challenges a revised CHIPS dispositional order that eliminated visits between Charles and his son, A.M.M. Charles’ claim on appeal is that the circuit court erred by (1) substituting a “Criminal Division Judge” instead of a “Juvenile Division Judge” and… Read more
On July 26, 2023, the court of appeals ordered publication of two criminal law related decision: State v. Cedric Tung, 2023 WI App 33 (rejecting McCoy v. Louisiana and United States v. Cronic based IAC claims) State v. Conrad M. Mader, 2023 WI App 35 (testimony that 99% of sexual assault reports are true improperly vouched for… Read more
State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs) After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis… Read more
State v. Nicholas Anthony Stilwell, 2022AP1839, 7/20/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) This case has facts remarkably like those of State v. Cundy, a recommended-for-publication case the court of appeals decided the week before. Police received a report of a hit-and-run of a parked vehicle, and learned the truck… Read more
