Washington County v. Justin David Dettmering, 2022AP941, District 2, 12/21/22 (one-judge decision; ineligible for publication); case activity (including briefs) Dettmering didn’t demand a jury within the time indicated on the citation he was issued for OWI 1st, but he later claimed he should get a jury because he wasn’t advised of his right to a… Read more
9. Crimes
State v. Roman C. Ozimek, 2021AP452, District 3, 11/22/22 (one-judge decision; ineligible for publication); case activity (including briefs) Ozimek challenges the revocation of his driving privileges for refusing a blood draw after he was arrested for OWI. The court of appeals rejects his claim that the circuit court should have considered evidence that the officer… Read more
State v. Mark J. Gahart, 2022 WI App 61; case activity (including briefs) The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute. Gahart was convicted of OWI while his minor daughter was in the… Read more
State v. Terry L. Hibbard, 2022 WI App 53; case activity (including briefs) In a decision that allows for a sweeping expansion of aiding and abetting prosecutions in Len Bias cases, the court of appeals holds that a person assisting only a buyer a drug transaction could also be prosecuted for reckless homicide if the… Read more
State v. Jeffrey S. Wein, 2021AP1696-98, 9/7/22, District 2 (one-judge decision; ineligible for publications) case activity (including briefs) Wein appeals convictions of three civil offenses arising from what the state says was his driving of a pontoon boat while he was drunk. The only issue for each charge is whether he, rather than someone else… Read more
Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 2022 WL 2276808, June 24, 2022, reversing 945 F.3d 265 (5th Cir. 2019); Scotusblog coverage As you all know, Dobbs overruled Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), which held that a woman has a… Read more
State v. Scott William Forrett, 19AP1850, 2022 WI 37, 6/3/2022, affirming a published court of appeals decision; case activity (including briefs) In 1996, the state revoked Scott Forrett’s driver’s license under Wis. Stat. § 303.305(10) because he refused a blood test for alcohol. Under the state’s statutory scheme of progressive punishment for OWIs, that revocation… Read more
State v. Donald P. Coughlin, 2019AP1876-CR, 2022 WI 43, reversing an unpublished court of appeals opinion; case activity (including briefs) How should an appellate court measure the sufficiency of the evidence to support a jury verdict where the instructions and the special verdict define the crime differently? In a 5-1 opinion, the majority held, based… Read more
