State v. Mitchell L. Christen, review of a one-judge court of appeals decision granted 9/16/17, case activity (including brief)
Issue presented:

Wisconsin Statute § 941.20(1)(3) provides whomever goes armed with a firearm while under the influence of an intoxicant is guilty of a Class A misdemeanor. The consumption of alcohol may lead an individual to become under the influence of an intoxicant, but the consumption of alcohol is not prohibited. The question presented is: Does the consumption of a…
Continue Reading SCOW will decide whether Constitution includes right to be drunk at home with a gun

State v. Heather Jan VanBeek, 2019AP447, certification granted 9/16/20; District 2; case activity (including briefs)
We wrote about this case less than a month ago, when the court of appeals issued its certification to the supreme court. Now the certification is granted, so SCOW will have a chance to deal with the inconvenient fact that our state’s cases permit police to seize people without reasonable suspicion in order to verify their identities. This is a troubling state of…
Continue Reading SCOW to address whether officer taking license is a seizure

Waukesha County v. H.M.B., 202AP570, District 2, 9/16/20, (1-judge opinion, ineligible for publication); case activity
This is not your typical Chapter 51 mootness decision.  The county petitioned for the initial commitment of “Heather,” who was suffering from anorexia nervousa. She stipulated to a commitment but not to confinement at a mental hospital or to involuntary treatment. The court of appeals dismissed her appeal as moot despite the collateral consequences of a firearm restriction and stigma.
The court of…
Continue Reading COA dismisses Chapter 51 appeal re level of confinement for mootness

Waukesha County v. C.A.E., 2020AP834-FT, District 2, 9/16/20 (1-judge opinion, ineligible for publication); case activity
“Carly” argued that the circuit court committed plain error when it admitted and relied on hearsay evidence of dangerousness introduced through the County’s testifying doctor at her recommitment hearing. She also challenged the court’s involuntary med order because the last time the testifying doctor had discussed the “advantages and disadvantages of medication” with her, as required by §51.61(1)(g)4, was 5 years prior…
Continue Reading COA affirms commitment based on hearsay and meds based on outdated exam

Jackson v. C.A.D, 2020AP69, District 4, 9/17/20, (1-judge opinion, ineligible for publication); case activity
This is the second time in a week District 4 has dismissed a recommitment appeal as moot despite the claim of collateral effects: a firearm restriction, stigma, possible liability for costs of care. D4 says: “prove they exist!” A fundamental principle of appellate procedure is that the parties to an appeal cannot cite to evidence outside the record. So query how District 4 thinks appellants…
Continue Reading COA shows split personality on collateral effects of Chapter 51 recommitments

State v. Decarlos K. Chambers, 2019AP411-CR, petition for review of per curiam opinion granted 9/16/20; case activity (including briefs)
Issue presented (derived from Cambers’ petition for review):

The State charged Chambers with 1st degree reckless homicide. He maintained that he had not committed the crimes and that was absolutely innocent. He refused all plea offers. Nevertheless, during closing arguments his lawyer told the jury they should consider convicting him of 2nd degree recklessly homicide, and they did. …
Continue Reading SCOW to address counsel’s concession of guilt when client maintains innocence

Sauk County v. S.A.M., 2019AP1033, 9/3/20, District 4 (one-judge decision; ineligible for publication); case activity

Wisconsin involuntarily commits mentally ill people  at a higher rate than any other state in the United States–close to 5 times the national average. Click here. Wisconsin is also in the minority of states that will dismiss an appeal from an expired commitment order as moot. Unless we’re  prepared to accept that, compared to the rest of the country, Wisconsin has a much…
Continue Reading Court of Appeals Won’t Presume that Mental Commitments have Collateral Consequences for the Patient

State v. Ashley L. Monn, 2019AP640-CR, 9/9/20, District 3, (1-judge opinion, ineligible for publication); case activity
When police executed an arrest warrant for a man at his trailer home, they found Monn there too. They cuffed her, conducted a protective search, confirmed she had no outstanding warrants, and told her she would be released without charges. Unfortunately, she asked to get her purse from the trailer.
A cop retrieved it for her. While there’s a dispute about who…
Continue Reading Defense win! Police unlawfully extended seizure and searched purse during it

State v. James E. Brown, 2020AP489, 9/9/20, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)
Officers responded to a call for shots fired; the caller apparently described the shooting party as a “black male wearing a black hoodie and shorts.” On arriving in the “vicinity” they saw a black man, Brown, driving a vehicle. Illuminating the interior of the vehicle, an officer thought he saw that Brown was wearing a dark-colored hoodie, and he stopped…
Continue Reading Defense win! “black male in black hoodie” not good enough to stop black male in maroon sweatshirt