Criminal

Outagamie County v. R.G.K., 2019AP2134, 9/20/22, District 3 (1-judge opinion, ineligible for publication); case activity
After the county petitioned to recommit “Rick” only his counsel appeared at the final hearing. The court found good cause to extend the recommitment in order to schedule a new final hearing. Unfortunately, Rick did not appear at the rescheduled hearing either, so the circuit court defaulted him.
Rick’s lawyer did appear at the rescheduled hearing. She informed the court that she had
Continue Reading Defense win! COA reverses default recommitment

Walworth County v. M.R.M., 2022AP140-FT, certification granted 9/14/22 case activity
Issues (from the COA certification):

1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, apply retroactively or only or only prospectively?
2. In a ch. 51 case involving a petition to extend a commitment order, is circuit court competency determined from the expiration of the earlier commitment order or from the expiration of the
Continue Reading SCOW takes up ch. 51 adjournments and circuit court competency (again)

Trempealeau County v. C.B.O., 2021AP1955 & 2022AP102, 8/30/22, District 3, (1-judge opinion, ineligible for publication); case activity
This is a double defense win! You might even call it a quadruple defense win! The court of appeals consolidated “Chris’s” appeals from his initial commitment order and his recommitment order. It reversed his initial commitment order because (1) the circuit court violated Langlade County v. D.J.W. and (2) the county’s evidence was insufficient. It reversed the recommitment order because (3)
Continue Reading Defense wins! Initial commitment and recommitment reversed due to D.J.W. and evidentiary errors

Winnebago County v. D.E.S., 2022AP251, 8/31/22, District 2, (1-judge opinion, ineligible for publication); case activity
Langlade County v. D.J.W. requires a circuit to make specific factual findings with reference to the dangerousness standard that its recommitment order is based upon.  The circuit court failed to follow D.J.W. but the court of appeals affirmed because the circuit court’s words and the county’s closing argument supposedly made it clear that they were relying on the second and fifth standards of
Continue Reading COA affirms recommitment despite county’s failure to specify standard of dangerousness

City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms.
An officer stopped Parsons’s vehicle after midnight during a snowstorm, thinking his plates were expired. The officer quickly learned he was wrong about the plates, but engaged Parsons in conversation and checked his driver’s
Continue Reading COA upholds extension of traffic stop based on half the totality of the circumstances

State v. Wilson P. Anderson, 2020AP819-CR, petition for review of an unpublished court of appeals opinion granted 9/14/22; case activity (including briefs)
Issues:

1.  Whether Sell v. United States, 539 U.S. 166 (2003) requires the State to submit a treatment plan in support of its motion for involuntary medication to restore a defendant’s competency to proceed in a criminal case.
2.  Whether Sell requires the State to offer the opinion of a medical doctor (rather than a
Continue Reading SCOW will address evidence required for involuntary med orders under Sell and 971.14

M.K.S. v. R.J.F., 2021AP1839, 8/16/22, District 1 (no recommended for publication); case activity
Here is a result we don’t often see: a successful ineffective assistance of counsel claim in a TPR case. A jury found grounds to terminate “Richard’s” parental rights. Allegedly, he had failed to assume parental responsibility for his daughter, “Morgan.” On appeal, he argued that his trial counsel failed to introduce evidence to explain his lack of contact with Morgan and that he was prevented
Continue Reading Trial counsel held ineffective for failing to elicit evidence in TPR case

State v. T.M., 2021AP1729, 8/16/22, District 1 (1-judge opinion, ineligible for publication); case activity
“Taylor” presented three challenges to the termination of her parental rights to her son: (1) erroneous admission of a psychological examination; (2) ineffective assistance of trial counsel for failure to object to a flawed jury instruction; and (3) insufficient evidence. The court of appeals rejected all of them.
Erroneous admission of psychological examination. Taylor argued that the circuit court erroneously admitted a psychological
Continue Reading COA rejects challenges to admission of psychological report and IAC claim; affirms TPR

State v. Singh, 2021AP1111-CR, 8/18/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
Singh challenges his 2005 conviction for OWI, first offense. He first asks for a writ of coram nobis vacating the conviction. Alternatively, he asks that his conviction be vacated or amended under State v. Forrett, 2022 WI 37, 401 Wis. 2d 678, 974 N.W.2d 422, which held that an OWI penalty cannot be increased because of a prior revocation stemming from
Continue Reading COA denies writ of coram nobis seeking to vacate OWI based on Forrett

Wood County v. J.L.S., 2022AP299, 8/25/22, District 4 (1-judge opinion, ineligible for publication); case activity
The circuit court entered orders for initial commitment order and involuntary medication order. Later (not sure how much later), the County persuaded the circuit court to dismiss these orders. On appeal, J.L.S. argued, among other things, that the appeal of orders was not moot due to their collateral consequences. The County filed a letter saying that it wouldn’t file a response brief because
Continue Reading COA deems corp counsel to have confessed error in ch. 51 appeal

State v. James P. Killian, 2022 WI App 43; case activity (including briefs)

The state provoked a mistrial in a case charging Killian with child sexual assault offenses against two complainants. The circuit court later dismissed the case due to the prosecutor’s misconduct. When the state recharged Killian with sexual offenses against the same complainants the circuit court dismissed the new case as a violation of double jeopardy. The court of appeals affirms.
Understanding the court of appeals’
Continue Reading Successive Prosecution of Crimes after Mistrial Violated Double Jeopardy

State v. Jamie Lee Weigel, 2022 WI App 48; case activity (including briefs)
In Wisconsin criminal law, the word “sentence” is sometimes used generically to include probation; other times it’s used in a technical sense to refer only to imprisonment, and thus excludes probation. See, e.g., State v. Fearing, 2000 WI App 229, ¶6, 239 Wis. 2d 105, 619 N.W.2d 115. In this case the state attempts to defend its breach of a plea agreement by saying
Continue Reading Defense win: State’s request for 25-year sentence breached agreement to ask for 20 years

State v. Eric J. Debrow, 2021AP1732, 7/21/22, District 4 (not recommended for publication); case activity (including briefs)
The court of appeals holds Debrow is entitled to a new trial because of the unfair prejudice caused by one witness’s testimony that would have led the jury to conclude Debrow had a prior criminal conviction that led the witness to be “on alert” when Debrow went into the bedroom of two children.
Debrow was charged with child sexual assault of
Continue Reading Defense win: Witness’s reference to defendant’s prior conviction for similar crime requires new trial

State v. Travis D. Huss, 2021AP1858, 7/20/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Huss was stopped at 1 a.m. for going through a flashing red light without stopping. The officer suspected he was impaired and eventually arrested him for OWI. Huss asked the officer to give him a preliminary breath test before she arrested him, but the circuit court excluded evidence of his request from being admitted at trial. The court’s ruling was not
Continue Reading COA affirms trial court’s refusal to permit testimony that OWI arrestee asked for breath test

The U.S. Supreme Court ruled on the case in 2019 before remanding it for Wisconsin courts to decide under the U.S. Supreme Court’s holding.JEFF M. BROWNSep. 14, 2022 – A man arrested for operating while intoxicated (OWI) failed to show that a blood draw ordered by the police while he was unconscious was unconstitutional, the Wisconsin Court of Appeals has ruled.In State v. Mitchell, 2019AP1942 (June 15, 2022), the Court of Appeals District II held that Gerald Mitchell
Continue Reading OWI Arrestee Failed to Show Blood Draw was Unconstitutional