Wisconsin Department of Corrections, Division of Community Corrections v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; case 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… Read more
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State v. Joseph Blankenship, 2024AP791-CR, 11/7/24, District IV (one judge decision; not eligible for publication); case activity The Court of Appeals affirmed the circuit court’s order granting Joseph Blankenship’s motion to suppress because police did not have reasonable suspicion to direct him out of his vehicle to perform field sobriety tests. At 11:30 p.m., Muscoda… Read more
The Seventh Circuit has been quiet as of late; accordingly, we tried to consolidate the recap for our readers here: United States of America v. Paul S. Osterman, No. 22-2773: This case originates from Oneida County and therefore may be of interest to readers in that region. After receiving cybertips regarding a user on MeetMe.com who… Read more
State v. Goth, 2024AP519-CR, 10/10/24, District IV (not recommended for publication); case activity Goth challenges his plea to an amended charge of third-degree sexual assault. The parties agree he made a prima facie showing that the circuit court erred at the plea by failing to ascertain his awareness of “the purpose element” of sexual contact… Read more
Graham L. Stowe v. Gregory Van Rybroek, No. 23-3345, 8/21/24 This habeas appeal is limited to a facial challenge to the NGI conditional release statute, Wis. Stat. § 971.17(4)(d). The Seventh Circuit rejects Stowe’s argument, concluding that he cannot show that there are no circumstances under which the law’s application would be valid. After being… Read more
State v. A.M.Y., 2024AP1162, 9/26/24, District 4 (one-judge decision, ineligible for publication); case activity A.M.Y. appealed the TPR order related to her daughter, Y.R.C.Y., arguing that the circuit court erroneously exercised its discretion by granting default judgment against her as to grounds for termination. The COA agrees, as the circuit court failed to take evidence… Read more
Village of Greendale v. Stacey King, 2023AP503, 9/17/24, District I (1-judge decision, ineligible for publication); case activity King appeals her OWI first judgment, arguing that the statute of limitations had expired, that the circuit court based its rulings on bias against her instead of on the relevant law, and that the field sobriety test should… Read more
State v. Jennifer Moustafa, 2022AP1315, 9/10/24, District III (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s denial of Moustafa’s motion to suppress evidence, concluding that consideration of the four Dunn factors do not support a determination that Moustafa’s patio is within the curtilage of her home. Law enforcement went to Moustafa’s… Read more
