On June 24, 2020, the court of appeals ordered publication of the following criminal law related cases: State v. Tavodess Matthews, 2020 WI App 33 (motion to adjourn a probable cause hearing is a “preliminary contested matter” under judicial substitution statute) State v. Adam W. Vice, 2020 WI App 34 (confession given after polygraph ordered… Read more
B. Published opinions
State v. Dawn J. Levanduski, 2020 WI App 53; case activity (including briefs) This published decision resolves an issue arguably left open by Birchfield v. North Dakota, 136 S. Ct. 2160 (2016). The court of appeals holds that when an officer reads Wisconsin’s “Informing the Accused” form to an OWI suspect, and she refuses a… Read more
State v. Dawn M. Prado, 2020 WI App 42, cross petitions for review granted, 10/21/20, affirmed, 2021 WI 64; case activity (including briefs) They must have gotten tired of waiting. After SCOW failed (or refused) to decide the question in Howes, Brar, Mitchell, and Hawley, and SCOTUS likewise punted in Mitchell v. Wisconsin, the court… Read more
Winnebago County v. S.H., 2020 WI App 46; case activity The court of appeals rarely publishes opinions in “fast track” cases. It took that unusual step here. The opinion strives to show the type of evidence that is sufficient for a recommitment even though the mentally ill person has taken all of her medication and… Read more
State v. Mark J. Bucki, 2020 WI App 43; case activity (including briefs) [UPDATED POST – Scroll to the bottom for very useful commentary by Chris Zachar. Many thanks to him for sharing his knowledge.] The headline tells you the only legal proposition you need to take from this soon-to-be-published case: under Daubert, evidence that… Read more
State ex rel. Jamie A. Coogan v. Steven R. Michek, Sheriff, Iowa County, 2020 WI App 37; case activity (including briefs) A jail’s classification system can’t supersede a sentencing judge’s grant of Huber release. Jails are required to have a classification system, § 302.36, but that statute says precious little about what the system has… Read more
On May 27, 2020, the court of appeals ordered the publication of the following cases decided in April and May (as there was no April publication list): Marathon County v. R.J.O., 2020 WI App 20 (counties need not attempt personal service of ch. 51 recommitment petitions) State v. Provost, 2020 WI App 21 (no speedy… Read more
State v. Adam W. Vice, 2020 WI App 34, petition for review granted 8/30/20, reversed, 2021 WI 63; case activity (including briefs) This is a “recommended for publication”, split court of appeals opinion where the State lost in a child sexual assault case. In other words the State will surely petition for review, and SCOW… Read more
