B. Published opinions

State v. Maria A. Larson, 2023AP1534-CRAC, 4/24/24, District II (recommended for publication); case activity Larson’s frustrated attempts to request judicial substitution are finally vindicated in this published decision emphasizing a plain text reading of the statute’s straightforward legal requirements. At its core, this appeal presents a very simple dispute. Larson and her co-defendant were charged… Read more

State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); petition for review granted 10/7/24 case activity After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted… Read more

State v. Ashley Jean Campbell, 2020AP1813, 3/5/24, District 3 (recommended for publication); case activity As a matter of first impression in Wisconsin, the court of appeals holds that regardless of whether the “instinct exception” exists, “the exception does not apply under the facts in this case to excuse the State’s obligation to obtain a warrant… Read more

So far this year, the Wisconsin Court of Appeals has published one criminal law related decision. Here are the publication orders for January and February 2024. The lone published decision is in State v. Dustin J. VanderGalien, 2024 WI App 4 (rejecting a constitutional challenge to the criminalization of driving with a detectable non-impairing cocaine… Read more

State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a).  UPDATE: This post is… Read more

Artillis Mitchell v. Chris S. Buesgen & Kevin A. Carr, 2022AP1076, 2/22/24, District 4 (recommended for publication); case activity This case concerns Mitchell’s appeal from the circuit court’s order dismissing his petition for a writ of certiorari. We recognize the case is a bit outside of our normal coverage, but in addition to the fact… Read more

State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64… Read more