Sheboygan County DH&HS v. A.W., Sr., 2024AP907, District II, 10/30/24 (one-judge decision; ineligible for publication); case activity
The COA rejects A.W., Sr.’s claims that the circuit court failed to take testimony to support the finding of unfitness when he pled no contest to grounds, and that the court’s decision to terminate his parental rights at disposition was an erroneous exercise of discretion.
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State v. Joseph Blankenship, 2024AP791-CR, 11/7/24, District IV (one judge decision; not eligible for publication); case activity
The Court of Appeals affirmed the circuit court’s order granting Joseph Blankenship’s motion to suppress because police did not have reasonable suspicion to direct him out of his vehicle to perform field sobriety tests. [continue reading…]
Waukesha County v. M.D.S., Jr., 2024AP1315, District II, 11/6/24 (one-judge decision; ineligible for publication); case activity
COA rejects “Smith’s” challenges raising commonly-litigated appellate issues and affirms in this chapter 51 case, concluding that the circuit court applied the correct legal standard and the county met its burden to show that Smith was dangerous under sub. 2.b.
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State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity
In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault [continue reading…]
State v. Carter Nelson, 2024AP617-CR, 11/6/24, District II (one judge decision; not eligible for publication); case activity
The Court of Appeals reversed the circuit court’s order granting Carter Nelson’s motion to suppress cocaine seized from his vehicle without a warrant and without probable cause. The Court held that the evidence would have inevitably been discovered in a standard inventory search when Nelson’s vehicle was towed. [continue reading…]
State v. Michael Joseph Gasper, 2023AP2319, 10/30/24, District 4 (recommended for publication); case activity (including briefs)
The circuit court held that an officer’s warrantless inspection of a cyber tip digital video file provided to the officer and identified as child pornography by a private internet service provider constituted an unreasonable search in violation of the Fourth Amendment. The COA concludes that Gasper did not have a reasonable expectation of privacy in the video, which he uploaded to Snapchat in violation of the terms of service and reverses.
The Seventh Circuit has been quiet as of late; accordingly, we tried to consolidate the recap for our readers here:
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State v. M.M.K., 2024AP591-CR, 2024AP592-CR, 2024AP593-CR, 2024AP594-CR, 10/31/24, District IV(1-judge decision, ineligible for publication); case activity
In a case which continues a new trend in appeals of involuntary medication appeals, COA holds that while the circuit court correctly found M.M.K. incompetent, it failed to correctly apply Sell in ordering involuntary medication.
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