State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal. An investigation into suspected drug dealing resulted with West being charged with six crimes related to conduct… Read more
B. Construction
State v. Jonathon S. Geiger, 2022AP1270-CR, District III, 7/11/23, not recommended for publication; case activity (briefs available) Geiger argues the circuit court erroneously ordered him to pay extradition costs in connection with a sentencing after revocation hearing. COA rejects his statutory construction arguments and affirms. At Geiger’s original sentencing hearing in 2017, the court withheld… Read more
Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available) In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent. (Note: This post has been updated… Read more
State v. Aman Deep Singh, 2022AP1202-04, District I, 7/5/23, 1-judge decision ineligible for publication; case activity (including briefs) In a somewhat messy pro se appeal, the court of appeals agrees that the circuit court improperly required Singh to reimburse attorney’s fees but rejects his remaining claims. Singh managed to pick up three OWI cases within the… Read more
Lora v. United States, USSC No. 22-49, 2023 WL 4034313 (June 16, 2023), vacating and remanding United States v. Lora, unreported summary order (2d Cir. Feb. 15, 2022); Scotusblog page (including links to briefs and commentary) Resolving a circuit split, a unanimous Supreme Court engages in a plain-language reading of a statute requiring a judge… Read more
Dubin v. United States, USSC No. 22-10, 2023 WL 3872518 (June 8, 2023), vacating and remanding United States v. Dubin, 27 F.4th 1021 (5th Cir. 2022); Scotusblog page (including links to briefs and commentary) Faced with competing interpretations of a penalty enhancement statute, the Supreme Court adopts the narrower interpretation based on both a careful… Read more
Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2023 WI 38, 5/16/23, on certification from the court of appeals; case activity (including briefs) In a 6-1 opinion, SCOW held that the ballot question for Marsy’s law complied with Wis. Const. art. XII §1. That’s the old news. The new and BIG news is Justice Dallet’s… Read more
State v. Lynne M. Shirikian, 2023 WI App 13; case activity (including briefs) Shirikian pleaded to OWI as a fifth offense. Back in 2019, the legislature amended the statutes to create a both a presumptive and a mandatory minimum sentence for OWI 5th and OWI 6th. See 2019 Wis. Act 106; Wis. Stat. § 346.65(2)(am)5… Read more
