State v. Kale K. Keding, 2022AP1373-CR & 2022AP1374-CR, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In an eminently readable and refreshing opinion, COA methodically works through a battery of counterarguments to hold that police could not use statements Keding made after having been asked about a tissue he discarded into a wastebasket while in police custody.
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State v. Roger A. Wolf, Jr., 2022AP1539, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
An responding officer encountered Wolf, head bloodied, near a crashed motorcycle and a dead deer. Wolf said he’d been “drinking all day” but that an unidentified third person, not on scene, had been driving the bike when it hit the deer. He argues the officer lacked probable cause to perform a preliminary breath test. [continue reading…]
State v. Michael Ross Straight, 2022AP2012, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
A woman identified as “A.B.” got out of her car and approached Straight with a machete. Straight, fearing for his life, grabbed A.B., knocked her to the ground, and took the machete from her. He then straddled A.B. with the point of the machete pointing toward her. A friend on scene yelled at Straight; Straight replied “what are you going to do about it?” Then he got up, dropped the machete, and walked away. A.B. departed in her car with the machete. [continue reading…]
On August 30, 2023, the court of appeals ordered publication of one criminal law related decision:
State v. Gregory L. Cundy, 2023 WI App 41 (Applying Payton rule to invalidate “Terry stop” inside home)
State v. C.D., 2023AP1025, District I, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In an exciting defense win, District I signals a willingness to critically review default orders entered in Milwaukee County.
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Marinette County v. A.M.N., 2022AP1395, District III, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available)
Faced with a weak record, COA holds that A.M.N. cleared imposing hurdles to relief and reverses the lower court’s medication order as there was no proof he received a reasonable explanation of the proposed medication. However, despite a hearing rife with inadmissible hearsay, COA upholds the underlying commitment order under a harmless error analysis. [continue reading…]
Jones v. Cromwell, 75 F.4th 722 (7th Cir. 2022).
In a disappointing defense loss, the Seventh Circuit holds that, at least under these circumstances, the defendant’s request for a “public pretender” was sufficiently ambiguous such that police had no obligation to cease their interrogation.
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Waupaca County v. G.T.H., 2022AP2146, District IV, 8/24/23, 1-judge decision ineligible for publication; case activity (briefs not available)
Contrary to what has seemed like a steady stream of unsuccessful hearsay-based Chapter 51 appeals, see e.g., here, here, here, here, and here, G.T.H. succussfully convinces the court of appeals to reverse his recommitment, which was based on extensive hearsay testimony. [continue reading…]
