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
B. Published opinions
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
State v. Troy R. Lasecki, 2020 WI App 36; case activity (including briefs) Wonders never cease. The State charged Lasecki with 2 counts of failure to return security deposits to tenants in violation of Wis. Admin Code. §ATCP 134.06(2) and §§100.20(2) and 100.26(3)(2013-3104). Lasecki proceeded pro se at trial, and a jury convicted on both… Read more
Eau Claire County DHS v. S.E., 2020 WI App 39, petition to review granted, 10/21/20, affirmed, 2021 WI 56; case activity Following up on the decision issued in Dane County DHS v. J.R., 2020 WI App 5, the court of appeals rejects some additional challenges to the changes 2017 Wis. Act 256 made to the… Read more
