State v. Kimberly D. Rowe, 2022AP2122-CR, 4/22/25, District III (1-judge decision, ineligible for publication); case activity

The COA considered when a collection of liquor bottles behind the counter of what appeared to be a bar becomes “intoxicating liquor” for which a license is required to possess for intended sales.  Because the State did not prove the identity of the liquid in the bottles or submit the liquid for chemical testing, the COA reversed Kimberly Rowe’s conviction for possessing…
Continue Reading Defense wins sufficiency of evidence claim in COA after trial for possessing intoxicating liquor without a license

State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity
The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions that any evidence derived from the search be suppressed.
The deputy saw ran the plates on Hoffman’s truck after seeing it on the…
Continue Reading COA reverses, holding deputy lacked probable cause to search truck under the automobile exception to the warrant requirement

Holsey Ellingburg, Jr. v. United States, USSC No. 24-557, certiorari granted 4/7/25
SCOTUS added to its 2025-26 docket on April 7, when it granted the petitioner’s cert. petition to address the following:
Question presented:
Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.

Decision below: United States v. Holsey Ellingburg, Jr., No. 23-3129 (8th Cir. Aug. 23, 2024).
USSC Docket
Scotusblog page (including links to briefs…
Continue Reading SCOTUS grants cert to determine whether restitution is penal for purposes of the Ex Post Facto Clause

State v. J.A.V.,  2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity
COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program.
On appeal, “Joshua” raises two challenges to the circuit court’s discretionary decision to waive him into adult court: (1) it failed to consider his lack of a prior record and (2) missated the length of supervision available under…
Continue Reading COA affirms juvenile waiver decision despite judge’s mistaken belief about SJO program

State v. T.N., 2024AP1280, 4/22/25, District I (1-judge decision, ineligible for publication); case activity
T.N. appeals, arguing that she received ineffective assistance of counsel when her attorney did not object to statements she contends are inadmissible hearsay. COA assumes without deciding that the statements were hearsay and affirms the circuit court’s orders, concluding there was no prejudice to T.N.
T.N.’s son was removed from her care pursuant to a CHIPS petition in 2021. (¶2). In 2023,…
Continue Reading COA affirms TPR, holding parent failed to establish prejudice due to admission of “arguably inadmissible hearsay”

State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity
Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding.
“Allie” received the usual warning given to parents in TPR matters–to appear at all future court dates, lest she be defaulted. (¶4). At a final pretrial hearing, the circuit court reminded the parties that the trial would…
Continue Reading COA affirms default finding in TPR due to single missed court date