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. [continue reading…]
Waukesha County v. M.A.C., 2023AP533, petition for review of an unpublished court of appeals decision granted 12/11/23; reversed 7/5/24 case activity (including briefs)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.
Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity
Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms.
[continue reading…]
Manitowoc County HSD v. K.R., 2022AP1975-78, 12/27/23, District II (one-judge decision; ineligible for publication); case activity
Presented with a confusing pro se attack on permanency orders entered in these underlying CHIPS cases, COA affirms largely because it cannot ascertain the nature of the appellant’s challenge.
[continue reading…]
The court of appeals issued the final two publication orders of the year on November 29, 2023, and December 21, 2023. Two criminal law related decision are included in the orders:
State v. John J. Drachenberg, 2023 WI App 61 (holding that the “execution” of a search warrant does not include forensic analysis that can occur weeks or months later)
State v. Antonio G. Ramirez, Jr., 2023 WI App 63 (reversing order granting defendant a new trial and holding that either the admission fo evidence against defedant was not erroneous or that if it was any errors were harmless)
Petitions for review are pending in both cases.
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity
VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the statute, Wis. Stat. § 340.01(50m)(c), which includes BE as a restricted controlled substance under the motor vehicle code. The court of appeals explains that “the inclusion of cocaine or any of its metabolites in the definition of a restricted controlled substance for purposes of prosecution under the Wisconsin motor vehicle code bears a rational relationship to the purpose or objective of the statutory scheme,” which is to combat drugged driving. Op., ¶30. [continue reading…]
State v. Lauren Dannielle Peterson, 2023AP890-CR, 12/29/23, District 4 (one-judge case, ineligible for publication); case activity
Peterson’s circuit court win is short-lived after the court of appeals concludes that reasonable suspicion existed to initiate an OWI investigation and probable cause existed to ask Peterson to perform a preliminary breath test (PBT). [continue reading…]
State v. James T. Kettner, 2023AP160, 161, 162, 11/28/23, District 4 (one-judge case, ineligible for publication); case activity
Kettner, pro se, appealed from three traffic forfeiture judgments and claimed that an open records violation prevented him from presenting video evidence that would have proved [his] innocence. The court of appeals rejects his claim and affirms the judgments. [continue reading…]
