Since 2019, SCOW’s most steadfast liberal allies are Justices A.W. Bradley and Dallet. Its most conspicuous conservative allies are Justices Roggensack and Ziegler. SCOWstats’ latest post takes a peek at cases where these allies have disagreed.
State v. M.P.H.-R., 2021AP1628, 11/23/21, District 1 (1-judge opinion, ineligible for publication); case activity
M.P.H.-R gave birth to A.S.H. in 2011 when she was just 14 years old. Since then both mother and daughter have suffered mental health problems. They lived together briefly twice over the intervening 10 years. Otherwise, for 7 years A.S.H. has lived with a foster family. The trial court terminated M.P.H.-R.’s parental rights based on §48.426(3)‘s “best interests of the child” factors. The court of appeals affirmed. [continue reading…]
State v. Christopher D. Wilson, 2020AP1014-CR, petition for review of an unpublished decision granted 11/17/21; case activity (including briefs)
Issue presented (from the petition):
Did the police have implicit license to enter the backyard of Mr. Wilson’s home through a gated privacy fence? [continue reading…]
State v. Jeffrey L. Moeser, 2019AP2184-CR, petition for review of an unpublished decision granted 11/18/21 ; case activity (including briefs)
Issue presented (from the petition):
Whether the ‘Oath’ requirement under the Fourth Amendment of the US Constitution and Article 1, Section 11 of the Wisconsin Constitution require a police officer to swear an oath to the truthfulness of an affidavit used to obtain a search warrant to conduct an evidentiary blood draw in a criminal OWI matter? [continue reading…]
State v. Alex Stone Scott, 2021 WI App 84; case activity
This split, recommended-for-publication opinion, merits further review. Scott drove M.S.’s truck without her permission and damaged it in the process. Undamaged, the truck’s Kelly Bluebook value was $2,394. M.S. testified that she did not want to repair the truck, but the circuit court nevertheless awarded restitution based on the cost of repair: $5,486.37. It also found that Scott, who was mentally ill and living on a minuscule SSDI benefit, was able to pay it. Judges Grogan and Neubauer affirmed. Reilly dissented. [continue reading…]
State v. Roman T. Wise, 2021 WI App 87; case activity (including briefs)
Wise was convicted of 4 counts of fleeing or eluding an officer under §346.04(3). He claimed trial counsel was ineffective for failing to seek dismissal of 3 of his 4 charges on the grounds that they were multiplicitous. The court of appeals held that the charges were not multiplicitous because each one required proof of a different element or fact. Thus, the circuit court appropriately denied Wise’s ineffective assistance of counsel claim without a hearing. [continue reading…]
State v. Laverne Ware, Jr., 2021 WI App 83; case activity (including briefs)
When the parties filed their initial briefs in this appeal, it was a community-caretaker case. But during briefing, the Supreme Court decided Caniglia v. Strom, which made clear that this doctrine doesn’t permit searches in the home (in the process invalidating some Wisconsin cases). So now–as the Caniglia concurrences foretold–it’s instead a case about the “emergency aid exception.” [continue reading…]
State v. Joseph L. Slater, 2021 WI App 88; case activity (including briefs)
Slater had a prison sentence imposed and then stayed in favor of probation. While on probation, he was arrested on three new charges. The department of corrections revoked his probation pretty quickly, but he didn’t get sent to prison: instead, he remained in the county jail for over three years while those new charges were pending. After a jury convicted him on on the new charges, he got three new concurrent prison sentences. The court of appeals now holds that Slater should be credited on those new sentences for the years he spent in jail awaiting trial. [continue reading…]
