State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault Seaton was charged with third-degree… Read more
Important Posts
State v. J.D.B., 2023AP715-CR, 9/10/24, District I (recommended for publication); case activity In a recommended-for-publication decision, COA wholly endorses all of J.D.B.’s arguments requiring a high burden of proof when the State seeks an involuntary medication order in order to render a defendant competent to stand trial. Along the way, COA offers a bevy of… Read more
United States of America v. Rahimi, USSC No. 22-915, 6/21/2024, reversing United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023); Scotusblog page (with links to briefs and commentary) In a much-anticipated Second Amendment decision, SCOTUS tries to clarify its turbulent precedent regarding firearm restrictions and offers a limited holding upholding a federal statute disarming… Read more
State v. H.C., 2023AP1950, 3/5/24, District I (one-judge decision; ineligible for publication); petition for review granted 9/11/24 case activity In an interesting decision that seems almost guaranteed to invite review by SCOW, COA departs from the plain language of the statute and reads a burden of proof requirement into the TPR dispositional procedure. Before we get… Read more
State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64… Read more
State v. Joshua L. Thering, 2023AP1253, 1/23/24, District 4 (1-judge decision, not eligible for publication); case activity (including briefs) While the court of appeals agrees the facts in Thering’s case are “similar in significant respects” to the SCOW-approved police encounter in County of Grant v. Vogt, 2014 WI 76, 356 Wis. 2d 343, 850 N.W.2d… Read more
Smith v. Arizona, U.S.S.C. No. 22-899, cert. granted 9/29/23; Scotusblog page (containing links to briefs and commentary) Question presented: Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a)… Read more
State v. Aaron L. Jacobs, 2022AP658-659, 2022AP661-663, 9/19/23, District 3 (recommended for publication); case activity (including briefs) The key takeaway from this soon to be published court of appeals decision may seem obvious and inarguable, but as we’ll see below, the state pursued and the circuit court blessed what would have been a massive expansion of the… Read more
