State v. Adams, 2023AP218-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity SCOW grants Adams’s petition for review in part and signifies its interest in bringing clarity to an important procedural aspect of reverse waiver hearings. SCOW grants review with respect to only one of the issues… Read more
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COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution
State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs. Johnson was… Read more
State v. Joseph Paul Morello, 2024AP931-CR, 2/6/25, District IV (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order denying Joseph Morello’s motion to suppress the fruits of his traffic stop. Although COA did not address circuit court’s conclusion that police had reasonable suspicion that Morello’s vehicle was connected to reports of gunshots… Read more
Sheboygan County v. N.A.L., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal asking COA to clarify the procedure for accepting a stipulation to a mental commitment, COA refuses N.A.L.’s invitation to issue a precedential opinion and affirms based largely on a prior unpublished decision. “Nathan” appeals orders for… Read more
State v. Cordero D. Coleman, 2023AP2414-CR, 12/27/24, District IV (recommended for publication), case activity COA holds that a 32-month delay in trying Coleman did not violate his constitutional right to a speedy trial where the COVID-19 pandemic was the primary cause of the delay. In doing so, COA identifies a new category of reasons for… Read more
Price County v. C.N.S., 2024AP853, District III, 1/22/25 (one-judge decision; ineligible for publication); case activity Appellant CNS wins a battle but loses the war as the COA affirms the circuit court’s order extending her commitment under Ch. 51, but reverses order authorizing involuntary medication. The Court clarified that a circuit court meets D.J.W.’s requirement to… Read more
In a set of non-criminal opinions, SCOW issues new guidance on the commonly-invoked rule that COA is not at liberty to disagree with its own precedents and also takes another run at clarifying when a final order is truly “final” for the purposes of appeal. Wisconsin Voter Alliance v. Secord, No. 2023AP36: This case arises… Read more
State v. Christopher A. Gore, 2023AP169-CR, 1/7/25, District III (recommended for publication), case activity The Court of Appeals held, in a decision recommended for publication, that Christopher Gore’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent, and the officer’s statement that he would seek… Read more
