State v. Donald P. Coughlin, 2019AP1876-CR, District 4, 3/4/21 (not recommended for publication); case activity (including briefs)
In 2010 Coughlin was charged with over 20 counts of having sexual contact with three different children during various periods between 1989 and 1994. The court of appeals holds the evidence was insufficient to convict him of the counts involving  two of the children.
Each child (John Doe 1, 2, and 3) testified that Coughlin engaged him in various “sexual activities”…
Continue Reading Defense win: Evidence about sexual activity with children too general to support many of the convictions

State v. Joseph G. Green, 2020AP298-CR, 2/25/21, District 4 (recommended for publication); case activity (including briefs) SCOW recently declared parts of §971.14 unconstitutional. See State v. Fitzgerald,  2019 WI 69, 387 Wis. 2d 384, 929 N.W.2d 165 and our post here. The statute allowed the government to administer unwanted antipsychotic medication to a defendant to […]
Continue Reading BIG defense win on treatment to competency under §971.14

S.K. v. S.S., 2020AP277, District 3, 2/26/21 (one-judge decision; ineligible for publication); case activity (briefs not made available)
S.S. (or “Susan,” to use the court’s pseudonym) isn’t entitled to a new TPR grounds trial based on her trial attorney’s failure to object to the admission of testimony she argues was irrelevant “other-acts” evidence. Even if trial counsel was deficient for failing to object (and the court doesn’t necessarily agree that’s the case (¶16 n.4), there was…
Continue Reading Even if objectionable, testimony doesn’t merit new TPR trial

County of Green Lake v. Lori Melchert, 2020AP473, District 2, 2/24/21 (one-judge decision; ineligible for publication); case activity (including briefs)
Melchert’s challenge to a prior OWI that was improperly treated as a first offense comes way too late under City of Eau Claire v. Booth, 2016 WI 65, 370 Wis. 2d 595, 882 N.W.2d 738, and City of Cedarburg v. Hansen, 2020 WI 11, 390 Wis. 2d 109, 938 N.W.2d 463.
Melchert was charged with two…
Continue Reading Defendant forfeited competency challenge to second OWI 1st

State v. Timothy D. Wright, 2020AP1578, 2/25/2021, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Wright worked at Christmas Mountain. Over the course of a couple of months he allegedly directed several racist and threatening rants at colleagues, including threats to kill some of them. A supervisor eventually called the police, and Wright was fired and charged with four counts of disorderly conduct. He eventually pleaded to two with the other two read in. The…
Continue Reading COA upholds restitution to corporation for threats to employees

Waukesha County v. E.J.W., 2020AP370, petition for review granted 2/26/21; case activity
Issue for review:

Section 51.20(11) provides that the subject of a commitment proceeding must demand a jury trial 48 hours in advance of the time set for the final hearing. When the court adjourns the hearing for good cause to appoint new counsel, does that reset the 48 hours for demanding a jury trial?

At the outset of his recommitment hearing, E.J.W. indicated that he was…
Continue Reading SCOW to address timing of jury demands for Chapter 51 final hearings

Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity
Issues for review:
1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed his notice of appeal.
2. Whether the county failed to meet its burden of proving dangerousness by clear and convincing evidence.
3. Whether S.A.M. was denied procedural due process because the county failed to provide particularized notice of the basis for his recommitment. including which standard of dangerousness…
Continue Reading SCOW to address due process right to notice of recommitment hearing

On February 24, 2021, the court of appeals ordered publication of the following criminal law related cases:
State v. C.G., 2021 WI App 11 (rejecting claim of First Amendment interest in legal name change sought by transgender person)
State v. Nhia Lee, 2021 WI App 12 (charges dismissed due to delay in appointing counsel)
State v. Todd N. Triebold, 2021 WI App 13 (nonresident can be convicted in Wisconsin for violating sex offender registration law)

Continue Reading February 2021 publication list

State v. Decarlos K. Chambers, 2019AP411-CR, 2021 WI 13, 2/23/21, affirming a per curiam court of appeals opinion,  case activity (including briefs)
SCOTUS recently held that when a client expressly asserts that he wants to maintain his innocence, defense counsel cannot override that objective and concede guilt. If counsel does, a structural error occurs, and the client automatically gets a new trial. McCoy v. Louisiana, 584 U.S. ___, 138 S. Ct. 1500 (2018). This appeal had…
Continue Reading SCOW holds defense counsel didn’t concede guilt during closing arguments