State v. A.A.A., 2024AP2001, 3/12/25, District II (ineligible for publication); case activity COA affirmed the circuit court’s dispositional order placing juvenile in the Serious Juvenile Offender program at Copper Lake School, a Type I juvenile correctional facility for girls. The Court rejected juvenile’s claim that such a placement was not permissible until the State builds […]
Continue Reading COA affirms juvenile’s placement at Copper Lake School, rejecting argument that placement was improper until State builds facilities contemplated when Lincoln Hills was closed.
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Seventh Circuit cases for February
February brought a handful of cases potentially relevant to our practice: United States of America v. Kendrick A. Frazier and Kenwyn Frazier, No. 23-2641 & 23-2642: In this appeal, the Court confronts an interesting Sixth Amendment claim, as both brothers wanted to be represented by the same attorney. The district court disallowed the joint representation based […]
Continue Reading Seventh Circuit cases for February
SCOW accepts review in two cases focusing on the Fourth Amendment in context of internet surveillance targeting alleged child pornography
State v. Gasper, 2023AP2319, petition for review of a published decision of the court of appeals, granted 3/13/25; case activity State v. Rauch Sharak., 2024AP469-CR, accepting review of a certification, granted 3/13/25; case activity Readers seeking to understand the contours of this issue are directed to COA’s certification in Rauch Sharak, which presents the following issues […]
Continue Reading SCOW accepts review in two cases focusing on the Fourth Amendment in context of internet surveillance targeting alleged child pornography
SCOW accepts review in juvenile appeal seeking suppression of statements given to school resource officer
State v. K.R.C., 2023AP2102, petition for review of an unpublished decision of the court of appeals, granted 3/13/25; case activity In a case that could prove consequential for the rights of juveniles in schools policed by “school resource officers,” SCOW accepts review of a case taking direct aim at the court of appeals’ reading of […]
Continue Reading SCOW accepts review in juvenile appeal seeking suppression of statements given to school resource officer
COA rejects challenges to possession of child porn based on erroneous jury instruction and state’s closing argument
State v. Catherine E. Edwards, 2023AP1042-CR, 3/6/25, District IV (not recommended for publication); case activity Edwards’s appeal focuses on the definition of “lewd exhibition of intimate parts” and the state’s closing arguments as to child pornography. COA rejects Edwards’s arguments on appeal and affirms her convictions for possession of child pornography. The state charged Edwards […]
Continue Reading COA rejects challenges to possession of child porn based on erroneous jury instruction and state’s closing argument
COA holds that 911 call created “emergency” justifying warrantless entry into home
State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer. Police were called to Wilkie’s home after a 911 caller heard what […]
Continue Reading COA holds that 911 call created “emergency” justifying warrantless entry into home
7th Circuit denies habeas relief to Wisconsin prisoner by holding it cannot consider new evidence supporting petitioner’s claim
Breion S. Woodson v. Bradley Mlodzik, No. 22-3153, 2/28/25 Although Woodson has new evidence seeming to suggest he was sentenced on the basis of inaccurate information, the complex procedural rules of habeas litigation require affirmance. Woodson was convicted of “firearm and drug possession charges” in Milwaukee County. (p.1). At his sentencing, the prosecutor played a […]
Continue Reading 7th Circuit denies habeas relief to Wisconsin prisoner by holding it cannot consider new evidence supporting petitioner’s claim
COA finds police had reasonable suspicion to extend traffic stop to conduct field sobriety tests; reverses suppression order.
State of Wisconsin v. Alex Mark Hagen, 2024AP1180, 3/6/25 District IV (one-judge decision; ineligible for publication); case activity COA reversed the circuit court’s order suppressing evidence of field sobriety tests and their fruits, finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for operating a vehicle while intoxicated. A […]
Continue Reading COA finds police had reasonable suspicion to extend traffic stop to conduct field sobriety tests; reverses suppression order.
COA affirms order declaring mistrial when prosecutor learned she had COVID after first day of trial.
State v. Cesar O. Fernandez-Reyes, 2024AP1668-CR, 3/4/25, District III (not recommended for publication); case activity COA affirms circuit court’s order declaring a mistrial and denying the defendant’s motion to bar a retrial on double jeopardy grounds where prosecutor learned she had COVID after the first day of trial. Cesar Fernandez-Reyes’s trial on two counts of […]
Continue Reading COA affirms order declaring mistrial when prosecutor learned she had COVID after first day of trial.
Defense win: COA concludes it was improper to order IID after dismissal of refusal citation
State v. Devron Michael Green, 2024AP1104, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In an interesting statutory construction appeal, COA concludes it was improper for circuit court to order an IID in conjunction with an OWI-1st citation when the accompanying refusal was dismissed and no findings were made under the refusal statute. […]
Continue Reading Defense win: COA concludes it was improper to order IID after dismissal of refusal citation
Parent’s attack on TPR order rejected
Winnebago County DHS v. B.K.V., 2023AP310, District 2, 6/7/23 (one-judge decision; ineligible for publication); case activity
B.K.V. filed a postdisposition motion for a new trial in her termination of parental rights proceeding. The court of appeals affirms the circuit court’s denial of her motion.
B.K.V.’s motion claimed she told her attorney to withdraw from representing her before she entered a no contest plea, but the lawyer didn’t. The circuit court denied the motion after a hearing, finding that…
Continue Reading Parent’s attack on TPR order rejected
Evidence sufficient to support finding of dangerousness under s. 51.20
Winnebago County v. T.G., 2022AP2078, District 2, 6/14/23 (one-judge decision; ineligible for publication); case activity
At the final hearing on a petition to commit T.G. (“Thomas”) under § 51.20, the County presented evidence he threw urine and feces at a guard on one occasion and later made a threat that he’d act in a way that would require staff to “suit up” and do a cell extraction and then “hurt” staff. (¶¶3-5). Considered together, this evidence…
Continue Reading Evidence sufficient to support finding of dangerousness under s. 51.20
Testimony that 99% of sexual assault reports are true improperly vouched for complainant’s credibility, but wasn’t prejudicial
State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs)
Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals agrees trial counsel performed deficiently in three respects, but holds trial counsel’s mistakes weren’t prejudicial and therefore Mader isn’t entitled to a new trial.
The number of issues make this a long decision (43 pages). This post will…
Continue Reading Testimony that 99% of sexual assault reports are true improperly vouched for complainant’s credibility, but wasn’t prejudicial
SCOW Applies Floyd, Reinstates Grant of 433 Days Sentence Credit
State v. Michael K. Fermanich, 2023 WI 48, 6/14/23, reversing a per curiam court of appeals decision; case activity (including briefs)
The key takeaway here is that five justices reaffirm and apply State v. Floyd, 2000 WI 14, 232 Wis. 2d 767, 606 N.W.2d 155, and hold that Fermanich is entitled to 433 days sentence credit for time he spent in custody in connection with Oneida County charges that were dismissed and read-in at his Langlade…
Continue Reading SCOW Applies Floyd, Reinstates Grant of 433 Days Sentence Credit
Defense Win! Missing one pre-trial TPR hearing not sufficient basis for default judgment
Kenosha County Division of Child and Family Services v. D.R.-R., 2022AP1812, 06/01/23, District 2 (1-judge opinion, ineligible for publication); case activity
In what should not be a shocking outcome, a mother’s failure to appear at a single pre-trial hearing is not “egregious” and does not support a default judgment on grounds.
On Point has covered recent decisions from the Districts 1, 3, and 4, which have affirmed default judgment orders entered after a parent failed to appear at…
Continue Reading Defense Win! Missing one pre-trial TPR hearing not sufficient basis for default judgment
Officer’s testimony about ZAP STICK merely “expositional,” not subject to 907.02(1)’s heightened reliability standard
State v. Danny Arthur Wright, 2021AP1252-CR, District 3, 05/16/23 (not recommended for publication); case activity (including briefs)
The state charged Wright with first degree sexual assault with use of a dangerous weapon. The alleged dangerous weapon at issue was a ZAP STICK. Wright filed a motion in limine to bar the state from calling a Detective to offer expert opinion testimony under Wis. Stat. § 907.02(1) and Daubert. The circuit court permitted the testimony after the state…
Continue Reading Officer’s testimony about ZAP STICK merely “expositional,” not subject to 907.02(1)’s heightened reliability standard