by admin
on October 13, 2023
Sauk County D.H.S. v. R.K.M., 2023AP912, 10/12/23, District 4 (one-judge decision; ineligible for publication); case activity
R.K.M. raised a variety of arguments seeking to challenge the often cited “decompensation” theory for extending a chapter 51 commitment where the subject has (1) made substantial progress while under commitment, (2) engaged in no recent dangerous behavior, and (3) is generally compliant with medication and treatment provided under commitment. However, his challenge runs into the buzzsaw of fears of decompensation and “recurrence of his symptoms.” (Op., ¶¶6-7). [continue reading…]
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by admin
on October 12, 2023
State v. John J. Drachenberg, 2022AP2060-CR, 10/12/23, District IV (recommended for publication); case activity
In a decision recommended for publication, COA clarifies that the “execution” of a search warrant does not include forensic analysis that can occur weeks or months later. Accordingly, even though those activities may occur outside the statutory window, this does not create a statutory (as opposed to constitutional) argument for suppression.
[continue reading…]
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by admin
on October 11, 2023
State v. Morris V. Seaton, 2023 WI 69, 10/10/23, on certification from the court of appeals; case activity (including briefs)
State v. Donte Quintell McBride, 2023 WI 68, 10/10/23, affirming a decision of the court of appeals; case activity (including briefs)
(See our prior posts on Seaton here and here; posts on McBride here and here).
Two tie votes result in a defense-friendly outcome in one case and keep litigation alive in another.
[continue reading…]
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by admin
on October 11, 2023
State v. S.A., 2023AP1288-1292, 10/10/23, District I (one-judge decision; ineligible for publication); case activity
In a fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 5 children.
[continue reading…]
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by admin
on October 5, 2023
State v. Marqus G. Phillips, 2023AP450, 10/4/23, District 2 (one-judge decision, ineligible for publication); case activity (including briefs)
That the Constitution does not guarantee an “error-free trial” is an unnecessary response to a straw man when a defendant seeks a new trial after it is discovered that the second of two state’s witnesses was found to have violated the circuit court’s witness sequestration order. It’s also an easy out where the circuit court’s lack of prejudice determination in denying a mistrial claim is reviewed under the “clearly erroneous” standard of review. [continue reading…]
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by admin
on October 5, 2023
On September 27, 2023, the court of appeals ordered publication of one criminal law related decision:
State v. John R. Brott, 2023 WI App 45 (mandatory minimum sentence for possession of child pornography is mandatory)
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by admin
on October 4, 2023
State v. Bryson Keith Williams, 2023AP838, 10/4/23, District II (one-judge decision; ineligible for publication); case activity
Applying the familiar test for assessing the adequacy of the officer’s reading of the implied consent warnings, COA agrees that Williams’ refusal was unlawful.
[continue reading…]
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by admin
on October 3, 2023
State v. T.H., Jr., 2023AP285, 10/3/23, District III (one-judge decision; ineligible for publication); case activity
In yet another juvenile waiver appeal demonstrating the power of the discretionary standard of review, COA affirms the circuit court’s order despite the potential internal inconsistencies of that ruling.
[continue reading…]
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