State v. Ashley Jean Campbell, 2020AP1813, 1/23/24, 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
B. Published opinions
The court of appeals issued the final two publication orders of the year on November 29, 2023, and December 21, 2023. Two criminal law related decision are included in the orders: State v. John J. Drachenberg, 2023 WI App 61 (holding that the “execution” of a search warrant does not include forensic analysis that can… Read more
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the… Read more
On October 25, 2023, the court of appeals ordered publication of two criminal law related decisions: State v. Troy Allen Lanning, 2023 WI App 52 (holding that a pending criminal prosecution means civil forfeiture proceeding need not be held within 60 days) State v. Aaron L. Jacobs, 2023 WI App 53 (rejecting state’s expansive bail… Read more
State v. John J. Drachenberg, 2022AP2060-CR, 10/12/23, District IV (recommended for publication); case activity In a decision recommended for publication, COA clarifies that the “execution” of a search warrant does not include forensic analysis that can occur weeks or months later. Accordingly, even though those activities may occur outside the statutory window, this does not… Read more
On September 27, 2023, the court of appeals ordered publication of one criminal law related decision: State v. John R. Brott, 2023 WI App 45 (mandatory minimum sentence for possession of child pornography is mandatory)… Read more
State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs) The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the… Read more
On August 30, 2023, the court of appeals ordered publication of one criminal law related decision: State v. Gregory L. Cundy, 2023 WI App 41 (Applying Payton rule to invalidate “Terry stop” inside home)… Read more
