State v. Jacob Richard Beyer, 2021 WI 59, 6/15/21, on certification from the court of appeals; case activity (including briefs) On Point is proud to present a guest post by Tom Aquino of the Madison appellate office: A unanimous Wisconsin Supreme Court holds: “we will not permit parties to stipulate to every fact that satisfies… Read more
45. WI Supreme Court
Eau Claire County DHS v. S.E., 2021 WI 56, affirming a published court of appeals opinion, 2019AP894, 6/10/21, case activity In a 4-3 decision, SCOW holds that a 2018 amendment to the TPR statute, which imposed a more exacting timeframe for parents to preserve their parental rights, applied to a CHIPS order entered in 2016… Read more
State v. Heather Van Beek, 2021 WI 51, 2019AP447-CR, on certification from the court of appeals, 6/4/21; case activity (including briefs) In a splintered opinion, a majority of SCOW holds that an officer does not necessarily “seize” a driver when he takes her license to run a records check. Seizure depends on the totality of… Read more
State v. James Timothy Genous, 2021WI 50, reversing an unpublished court of appeals opinion, 2019AP435-CR, 6/4/21; case activity (including briefs) An officer saw Genous sit in a parked car, engine running and headlights on, in a residential neighborhood at 3:36 a.m. A woman emerged from a house, entered the car for 10 to 15 seconds… Read more
State v. Nhia Lee, 2019AP221-CR, petition for review granted 5/19/21; case activity (including briefs) Issues: Whether a circuit court is required to appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance? Whether Lee’s rights to due process, to counsel, and to a… Read more
State v. Tavodess Matthews, 2021 WI 42, reversing a published court of appeals opinion, 2020 WI App 33, 5/14/21, case activity (including briefs) Section 801.58(1) allows a party to a civil case to request a new judge if, among other things, he files a written substitution request before “the hearing of any preliminary contested matter.”… Read more
State v. Mitchell L. Christen, 2019AP1767-CR, affirming an unpublished court of appeals decision; 5/4/21, case activity (including briefs) Christen was armed while drunk in his apartment when he threatened to shoot his roommates. A jury found that he violated §941.20(1)(b), which makes it a crime to operate or go armed with a firearm while intoxicated… Read more
State v. Teresa L. Clark, 2020AP1058-CR, bypass granted 4/27/21; case activity Issue: (adapted from State’s COA brief): When the State uses a prior OWI conviction to enhance the charge and sentence for a subsequent OWI offense, a defendant may collaterally attack the prior conviction. If the defendant proves that her right to counsel was violated… Read more
