Deshawn Harold Jewell v. Gary Boughton, No. 22-3082, 1/22/24
Despite an obvious constitutional violation, Jewell is still precluded from obtaining a new trial given that Wisconsin courts did not unreasonably find the error harmless.
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January brought a few criminal (or criminal adjacent) cases our readers might find interesting:
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City of Sheboygan Falls v. Wesley Scot Melton, 2023AP1183, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
COA finds the City established sufficient evidence that Melton failed to stop for a school bus and therefore affirms.
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City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity
Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms.
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Columbia County DH&HS v. S.A.J., 2023AP1884, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity
In a lengthy opinion notable for its treatise-like treatment of the issues, COA rejects S.A.J.’s challenges to her TPR order.
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K.W. & D.W. v. S.L., 2023AP1582, 2/13/24, District 3 (one-judge decision, ineligible for publication); case activity
The summary judgment issue here turned on one simple question: did a genuine issue of fact exist as to whether S.L. (“Susan”) knew or could have reasonably discovered the whereabouts of her son (Alex) during the relevant period of alleged abandonment? Upon consideration of Susan’s multiple affidavits and drawing reasonable inferences in the light most favorable to the Susan, as the non-moving party, the court of appeals reverses the circuit court’s order granting summary judgment on grounds. [continue reading…]
State v. E.M.A., 2023AP2043-45, 1/30/24, District 1 (one-judge decision, ineligible for publication); case activity
E.M.A.’s (“Emma’s) challenge to the court’s exercise of discretion at disposition fails and the court of appeals concludes the circuit court properly exercised its discretion in terminating Emma’s parental rights to her three children. [continue reading…]
State v. Jacob Karl Schindler, 2023AP755, 1/25/24, District 4 (one-judge decision, ineligible for publication); case activity
Schindler appeals from an order revoking his operating privileges after he refused to submit to chemical testing of his blood pursuant to Wisconsin’s implied consent law. The court of appeals affirms after concluding that the arresting deputy had probable cause to believe Schindler operated a motor vehicle under the influence of alcohol. [continue reading…]
