State v. X.S., 2022 WI 49, 6/29/22, modifying and affirming an unpublished court of appeals decision, 2021AP419, case activity (including, for some reason, one brief) Our supreme court is fond of extolling its role as a “law-developing court.” You’ll search in vain for any law development in this case. Rather than developing the law, the… Read more
45. WI Supreme Court
State v. Chrystul D. Kizer, 2022 WI 58, affirming a published court of appeals opinion, 2021 WI App 46, 7/6/22, case activity (including briefs) There’s been a lot of press on this case, so we’ll skip the facts. Kizer is charged with 1st-degree intentional homicide and other felonies in connection with the death of a… Read more
State v. Westley D. Whitaker, 2020AP29-CR, 2022WI 54, 7/5/22, affirming a publisher court of appeals opinion, 2021 WI App 17; case activity (including briefs) As a teenager, Whitaker repeatedly sexually assaulted his sisters. Though aware of the assaults, neither his parents nor the Amish elders reported them to the authorities. Whitaker pleaded to one count… Read more
State v. C.G., 2022 WI 60, 7/7/22, affirming a published court of appeals decision, 2018AP2205; case activity C.G. has the masculine legal name her parents gave her when she was born. When she was 15 years old she committed a sexual assault. At the time she was identifying as a male, but during and after… Read more
State v. Richard M. Arrington, 2022 WI 53, reversing a published court of appeals opinion, 2021 WI App 32, 7/1/22, case activity (including briefs) In a majority opinion written by Roggensack, SCOW holds that the State did not violate Arrington’s 6th Amendment right to counsel by using a jailhouse snitch to help cinch a 1st-degree… Read more
State v. Avan Rondell Nimmer, 2022 WI 47, June 23, 2022, reversing an unpublished court of appeals decision; case activity (including briefs) This decision ultimately involves only the application of well-settled 4th Amendment law to the particular facts of the case rather than development of the law. But it comes perilously close to something worse… Read more
Sauk County v. S.A.M., 2022 WI 46, reversing an unpublished court of appeals opinion, 2019AP1033; case activity Unlike other states, Wisconsin appellate courts have for decades dismissed most appeals from expired ch. 51 orders as moot. As a result, there was been little appellate review of circuit court decisions declaring people mentally ill, committing them… Read more
State v. Mitchell D. Green, 2021AP267-CR, petition for review of an unpublished COA opinion granted 6/22/22; reversed, 2023 WI 57 case activity (including briefs) Question presented (from the State’s PFR): Did the circuit court erroneously exercise its discretion when it concluded that there was a manifest necessity for a mistrial after Green introduced unnoticed third-party… Read more
