Tyler A. Gonzales v. Cheryl Eplett, No. 22-2393, 8/9/23 (Available on Westlaw as 2023 WL 5086451) In a case demonstrating the full power of AEDPA’s stringent standard of review, the 7th Circuit is powerless to grant a new trial despite its palpable discomfort when evaluating the performance of defense counsel. In 2015, Gonzales got in… Read more
Search: “close case”
State v. Ashley Rae Baker, 2022AP1587-CR, District II, 1-judge decision, ineligible for publication; case activity (including briefs) The Fourth Amendment protects against guilt by association by requiring probable cause to arrest or search to be specifically linked to the individual defendant. See State v. Riddle, 192 Wis. 2d 470, 478, 531 N.W.2d 408 (Ct. App. 1995)… Read more
State v. Jeremy Joseph Hamilton, 2022AP1350-CR, District 2, 03/01/2023, (one-judge decision, ineligible for publication) case activity Some readers of this decision might find themselves wondering why there’s no equivalent to baseball’s “tie goes to the runner” rule in criminal appeals. Others might find themselves researching the rule of lenity. However, it turns out there is… Read more
County of Winnebago v. Ryan C. Kaltenbach, 2022AP794, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs) Though this is a “close case” (¶¶4, 11), the facts are sufficient to establish reasonable suspicion to detain Kaltenbach to have him perform field sobriety tests. Kaltenbach was stopped shortly after midnight because one of… Read more
State v. Charles W. Richey, 2021AP142-CR, reversing an unpublished COA opinion; 12/9/22, case activity (including briefs) “Freedom for all,” including the driver of the Harley in this case. In a quirky 4-3 decision, the liberal justices plus RGB hold that a deputy’s warning to be on the lookout for a Harley-Davidson driving erratically and speeding… Read more
Clark County v. R.D.S., 2022AP229, District 4, 8/18/22; (1-judge opinion, ineligible for publication); case activity Ch. 55 practitioners take note! This is one of a few Wisconsin decisions reversing the continuation of a ch. 55 protective placement due to insufficient evidence. Here, the County failed to prove that due to R.D.S.’s disability he was incapable… Read more
County of Jefferson v. Julianne Trista Wedl, 2022AP328, 9/9/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Wedl was driving her car when she came upon another vehicle engulfed in flames. An off-duty police officer also happened by and stopped. When the first on-duty officer arrived, he approached Wedl, who seemed to… Read more
Winnebago County v. D.E.S., 2022AP251, 8/31/22, District 2, (1-judge opinion, ineligible for publication); case activity Langlade County v. D.J.W. requires a circuit to make specific factual findings with reference to the dangerousness standard that its recommitment order is based upon. The circuit court failed to follow D.J.W. but the court of appeals affirmed because the… Read more
