15. Evidence

State v. Michele M. Ford, 2022AP187 & 2022AP188, 10/31/23, District I (one-judge decision; ineligible for publication); case activity The takeaway from this procedurally convoluted case is that Ford succeeds in her appeal from an order finding her incompetent to stand trial in two misdemeanor cases. Specifically, the court reverses and remands for a “nunc pro… Read more

State v. Marqus G. Phillips, 2023AP450, 10/4/23, District 2 (one-judge decision, ineligible for publication); case activity (including briefs) That the Constitution does not guarantee an “error-free trial” is an unnecessary response to a straw man when a defendant seeks a new trial after it is discovered that the second of two state’s witnesses was found to… Read more

Winnebago County v. D.E.S., 2023AP460, 9/20/23, District 2 (one-judge decision; ineligible for publication); case activity This is a nice case to know, both for its careful, thorough analysis of a common ch. 51 problem–commitments based entirely or extensively on hearsay–and its collection of other cases analyzing the same issue. The sole witness at D.E.S. (“Dennis”)’s… Read more

Brown County v. Z.W.L., 2022AP2201, District 3, 9/12/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In yet another hearsay-based sufficiency challenge to a Chapter 51 commitment, Z.W.L. (“Zeb”) succeeds because the circuit court relied on inadmissible hearsay and no other evidence established that Zeb was dangerous. Specifically, while Zeb made admissible “party-opponent” statements… Read more

State v. Roger A. Wolf, Jr., 2022AP1539, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An responding officer encountered Wolf, head bloodied, near a crashed motorcycle and a dead deer. Wolf said he’d been “drinking all day” but that an unidentified third person, not on scene, had been driving the bike… Read more

Waupaca County v. G.T.H., 2022AP2146, District IV, 8/24/23, 1-judge decision ineligible for publication; case activity (briefs not available) Contrary to what has seemed like a steady stream of unsuccessful hearsay-based Chapter 51 appeals, see e.g., here, here, here, here, and here, G.T.H. succussfully convinces the court of appeals to reverse his recommitment, which was based on… Read more

Kenosha County v. L.A.T., 2022AP1730, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available) L.A.T. (“Linda”) convinced the court of appeals the circuit court erred by admitting and relying on hearsay testimony from a psychiatrist to support its dangerousness finding. However, the court holds that sufficient non-hearsay evidence established that “Linda’s… Read more