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Wisconsin Department of Corrections, Division of Community Corrections v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24case activity (including briefs)

The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation. The COA agreed with DHA and Sellers, reversing the circuit court’s order and affirming DHA’s decision not to revoke Sellers’s probation. DOC petitioned for review. [continue reading…]

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SCOW grants review of defense win as to vouching

State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; case activity

In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also relevant to determining what is “settled law” in assessing a claim of ineffective assistance of counsel.

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State v. McAdory, 2023AP645-CR, petition for review of a published court of appeals decision, granted 10/7/24; case activity (including briefs)

In a case with potential ramifications for future OWI appeals, SCOW has opened yet another chapter in this ongoing appellate saga.

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State v. Ramirez, 2022AP959, petition for review of a published court of appeals decision, granted 10/7/24; case activity (including briefs)

In a case involving what we labeled as a “big” defense win, SCOW accepts the State’s petition for review asking for clarification of the law pertaining to constitutional speedy trial violations.

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State v. H.C., 2023AP1950, petition for review of an unpublished court of appeals decision granted 9/11/24; case activity (including briefs)

In a seemingly inevitable grant given a flood of appeals raising an identical issue, SCOW has accepted review of this unpublished TPR decision, which held–for the first time in Wisconsin law–that the preponderance of the evidence standard applies at the dispositional phase of a TPR.

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