State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs. Johnson was… Read more
9. Crimes
COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution
City of Rhinelander v. Zachary Tyler LaFave-LaCrosse, 2020AP1120 & 1121, 1/7/25, District III (one-judge decision; ineligible for publication); case activity LaCrosse appeals pro se from the circuit court judgments, entered after a bench trial, convicting him of first-offense operating a motor vehicle while intoxicated (OWI) and refusing to submit to a chemical test for intoxication… Read more
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
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. Sharpe, 2021AP1543 & 2022AP307, 9/24/24, District III (one-judge decision; ineligible for publication); case activity here and here COA determines defendant arrested for OWI did not meet burden to show that he was unable to make knowing and intelligent choice about submitting to breath test when officers misinformed him that he would be charged… Read more
State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards. Terhune appeals the circuit court’s order revoking his operating privileges for unlawfully refusing to submit to an evidentiary breath test pursuant to § 343.305. (¶1). While… Read more
State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge. Rodolfo Rodriguez sought at his refusal hearing to cross-examine Police Officer A regarding Police Officer’s B’s interactions with him during a traffic… Read more
State v. Joseph B. Venable, 2023AP1367, 8/15/24, District IV (1-judge decision, ineligible for publication); case activity COA affirms circuit court judgment convicting Venable of first offense operating a motor vehicle while under the influence of controlled substances under Wis. Stat. § 346.63(1)(a), due to his use of prescription medications. A trooper pulled Venable over after… Read more
