Smith v. Arizona, USSC No. 22-899, 6/21/2024, vacating and remanding Arizona v. Smith, No. 1CA-CR 21-0451 (Ariz. Ct. App. 2022) (unreported); Scotusblog page (with links to briefs and commentary) SCOTUS unanimously holds that expert witness testimony restating an absent lab analyst’s factual assertions to support his or her own opinion is hearsay. However, the Court… Read more
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In the Matter of Proposed Rules Relating to Appellate Court Proceedings From Orders Entered Pursuant to Wis. Stat § 971.14 Regarding Pretrial Competency Rulings in Criminal Cases, Order Filed 5/2/2024; effective July 1, 2024. In response to an increasing amount of appeals pertaining to competency, particularly of medication orders, SCOW approves a new appellate mechanism… Read more
State v. Michael Gene Wiskowski, 2024 WI 23, 6/18/24, reversing and remanding an unpublished court of appeals decision; case activity (including briefs) Community caretaking does not allow police to continue seizure after officer resolves purpose for stop unless reasonable suspicion or probable cause developed. Three justices question continuing validity of Wisconsin’s community caretaking precedent in… Read more
May was quiet; aside from the seismic win in Pope, there were only a few cases of potential interest to our readers: United States of America v. Emanuel Dameron, No. 22-3291: This case is notable for what it chooses not to resolve. It’s also a potentially terrifying reminder of what police surveillance looks like in our modern… Read more
State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication); case activity Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims. Molde was prosecuted for first-degree sexual assault of a child… Read more
Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit… Read more
John Sabo v. Megan Erickson, No. 21-3332, 4/30/24 In an interesting § 1983 appeal, Sabo reveals a disturbing trend of miscalculated sentences by the Wisconsin DOC. We know that this is a criminal appeals blog and that a stand-alone post for this § 1983 case is a little off the beaten track compared to our… Read more
Winnebago County v. A.F.H., 2023AP1798, 5/1/24, District II (one-judge decision; ineligible for publication); case activity In this chapter 51 appeal from an order for involuntary commitment and treatment, and an order denying postdisposition relief, the court of appeals affirms, concluding that even without the inadmissible hearsay, sufficient evidence existed supporting the underlying orders. The circuit… Read more
