State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge. Rodolfo Rodriguez sought at his refusal hearing to cross-examine Police Officer A regarding Police Officer’s B’s interactions with him during a traffic… Read more
46. WI Court of Appeals
State v. Joseph B. Venable, 2023AP1367, 8/15/24, District IV (1-judge decision, ineligible for publication); case activity COA affirms circuit court judgment convicting Venable of first offense operating a motor vehicle while under the influence of controlled substances under Wis. Stat. § 346.63(1)(a), due to his use of prescription medications. A trooper pulled Venable over after… Read more
State v. Reichert, 2023AP1224, 8/14/24, District II (one-judge decision; ineligible for publication); case activity Roxanne Reichert appealed from a judgment of conviction after she pled no contest to operating a vehicle under the influence. She argued that the circuit court erred when it denied her motion to suppress evidence seized after she was stopped in… Read more
State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel. The facts in this… Read more
State v. T.L., 2024AP859-863, 8/1/24, District I (one-judge decision; ineligible for publication); case activity In yet another TPR appeal challenging the circuit court’s discretionary termination order, COA affirms given the imposing standard of review. “Taylor” is the mother of five children who were removed from her care following allegations of neglect and abuse. (¶2). Taylor… Read more
In May, June and July COA released a number of published decisions: In May, COA ordered the publication of four decisions relevant to our practice: State v. Raymand L. Vannieuwenhoven, 2024 WI App 27 (holding that police did not act unlawfully in using a “ruse” to obtain Vannieuwenhoven’s saliva for DNA analysis related to a… Read more
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a… Read more
Dane County v. J.B., 2024AP985, 7/25/24, District IV (one-judge decision; ineligible for publication); case activity Because J.B.’s request that COA reweigh the dispositional factors in her favor is precluded by governing case law, COA affirms. There really isn’t much to say about this TPR appeal. J.B. lost custody of her child following allegations of neglect… Read more
