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
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State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline… 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
State v. Troy Allen Shaw, 2023AP697, 1/24/24, District II (1-judge decision; ineligible for publication); case activity (including briefs) Shaw’s challenge to improper closing argument persuades COA that the prosecutor erred, but fails to overcome the imposing tests for plain and harmless error. Shaw appeals his conviction for criminal trespass to a dwelling. (¶1). In a… Read more
The rules remain the same–while we won’t bore our readers with the vagaries of federal sentencing procedure, we will try to bring your attention to persuasive authorities you might find useful or interesting. December featured a few such cases, including the rare defense loss that is still a must-read because it affirms the fundamental sanity… Read more
R.G. v. J.J., 2023AP630, 1/9/24, District 3 (one-judge decision; ineligible for publication); case activity The father here–whom the court calls “Jacob”–appeals the termination of his parental rights to his son, “Hank.” About a year and a half after Hank was born, Jacob went to prison for sexual assault of a different child. Around this time… Read more
State v. D.K., 2023AP292-293, 1/3/24, District I (one-judge decision; ineligible for publication); case activity Despite a novel challenge as to the integrity of his plea, COA rejects “Daniel’s” arguments and affirms in this TPR appeal. Daniel’s legal troubles began when DMCPS received information that he had physically abused his nine-month old child, Corey. (¶2). As… Read more
Waukesha County v. M.A.C., 2023AP533, petition for review of an unpublished court of appeals decision granted 12/11/23; case activity (including briefs) Showing that SCOW’s interest in 51 appeals remains unabated, SCOW has accepted review of a big case that could result in the overturning of relatively recent precedent. As we discussed in our post, this… Read more
