State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek… Read more
B. Published opinions
In October, November and December, COA ordered several cases published which are relevant to our practice: October: State v. J.D.B., 2024 WI App 61 (major case interpreting and applying the many requirements for an involuntary medication order entered in conjunction with pretrial competency proceedings). November: State v. Kayden R. Young, 2024 WI App 65 (clarifying… Read more
State v. Eric J. Joling, 2023AP1023-CR, 12/11/24, District II (recommended for publication); case activity Federal law prohibits subjecting social security disability insurance payments (SSDI) to “execution, levy, attachment, garnishment, or other legal process.” 42 U.S.C. § 407(a). In a decision recommended for publication, the Court of Appeals held that a circuit court may nevertheless use… Read more
State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault Seaton was charged with third-degree… Read more
State v. Michael Joseph Gasper, 2023AP2319, 10/30/24, District 2 (recommended for publication); case activity (including briefs) The circuit court held that an officer’s warrantless inspection of a cyber tip digital video file provided to the officer and identified as child pornography by a private internet service provider constituted an unreasonable search in violation of the… Read more
State v. Kayden Young, 2021AP1596-CR, 10/29/24, District III (recommended for publication); case activity In a case recommended for publication, the Court of Appeals reversed the circuit court’s order dismissing the charge against Kayden Young for failing to comply with the sex offender registration requirements. Where the circuit court did not require Young to register as… Read more
State v. N.K.B., 2023AP722-CR, 10/1/24, District I (recommended for publication); case activity N.K.B. (referred to as Naomi) was found incompetent to proceed on her criminal charges. The circuit court authorized involuntarily administering medication to Naomi because she was dangerous. Naomi argued on appeal that the circuit court did not have authority to authorize involuntarily medicating… Read more
In August and September, COA released a number of published decisions: In August, COA ordered the publication of two decisions relevant to our practice: State v. Jayden Adams, 2024 WI App 44 (holding that juvenile defendants entitled to all evidence the State intends to introduce at preliminary examination to establish probable cause of alleged jurisdictional… Read more