Jacob Alan Powers v. Jon Noble, No. 24-2134, 3/25/25

The Seventh Circuit found that Jacob Powers was competent to stand trial in a Wisconsin court in 2006 for sexual assault of a child and child enticement.  Although Powers’ IQ was in the borderline/mild mental retardation range; his trial testimony, trial counsel’s decision not to challenge his competency, and two experts’ findings that he was competent convinced the Court that he reasonably understood the charges against him, trial procedures,…
Continue Reading Seventh Circuit retrospectively evaluates habeas petitioner’s competence at his 2006 trial; despite low IQ and mental illness, court denies due process and IAC claims.

State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs)

LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of facts. COA rejects all of LaRose’s arguments and affirms, holding that the court’s comments were related to appropriate sentencing factors and LaRose failed…
Continue Reading COA affirms resentencing denial, holds judge’s comments about defendant’s non-criminal sexual behavior, etc. did not show objective bias

Isaiah Taylor v. Justin Schwarzhuber, No. 23-3151, 3/17/25

In a rare win, Taylor will have another chance to prove that MPD officers violated his rights when they seized him while he was out delivering a Christmas turkey to a friend.

This case stems from a disputed police interaction in 2015, when Tayl0r–then 16–“ran through his Milwaukee neighborhood to deliver a holiday turkey to neighbors.” (p.1). Two officers spotted Taylor and, based in large part on their…
Continue Reading Seventh Circuit remands for new trial as to whether MPD officers conducted illegal stop and frisk

State v. Justin Dennis Krizan, 2022AP1341-CR, 3/4/25, District III  (1-judge decision, ineligible for publication), case activity

Applying its recent holding in State v. Gore, 2025 WI App 11, ___ Wis. 2d ___, ___ N.W.3d ___ (see our post on Gore here), the COA concludes that Krizan’s consent to a blood draw was voluntary because he was not misinformed about the consequences of refusing to consent.

A St. Croix County sheriff’s deputy was dispatched to a two-vehicle head-on…
Continue Reading COA again finds consent to blood draw valid, distinguishing Blackman

Glossip v. Oklahoma, USSC No. 22-7466, 2/25/2025; Scotusblog page (with links to briefs and commentary)

In a 5-3 defense win, the legal system finally yields to the prosecutor’s concession that Glossip is entitled to a new trial.

Glossip was charged with capital murder in Oklahoma, under the theory that he had recruited another man, Sneed, to commit a financially-motivated homicide. (p.4). Sneed was the prosecution’s star witness at trial. (Id.). After being convicted and sentenced to death,…
Continue Reading SCOTUS grants new trial due to prosecutor’s failure to correct false testimony

State v. Jody William Solom, 2024AP691-CR, 3/19/25, District II (recommended for publication), case activity

Solom appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense. He asserts the investigative stop was unlawful and should have been suppression. COA disagrees and affirms.

Police received a dispatch relaying the report of a witness who had observed a red Honda Civic “go through a stop sign and hit a snowbank,” and reported that the car…
Continue Reading COA concludes investigative stop was valid in OWI decision recommended for publication

State v. Martha R. Elsila, 2024AP1444-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity

COA affirms restitution order on appeal challenging witness’s credibility and claiming IAC.  COA deferred to the circuit court’s credibility determination given no evidence was presented to contradict witness, and found that appellant’s IAC claim was forfeited because it was not raised in the circuit court.

Martha Elsila pled no contest to endangering safety as party to the crime.  The charge related to…
Continue Reading COA affirms restitution order where no evidence presented to contradict factual assertions; IAC claim forfeited if not raised in circuit court.

State v. Jeremy A. Sobotik, 2024AP1976-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity

In an appeal seeking to test the boundary between permissible traffic stop inquiries and interrogation requiring Miranda warnings, COA holds that the officer in question did not cross the constitutionally-imposed line and affirms.

Officer Matthew Bublitz made contact with Sobotik while investigating a traffic accident. (¶2). Sobotik claimed to have been distracted by his phone when he ran a red…
Continue Reading COA holds that traffic stop did not require Miranda warnings and affirms

Winnebago County v. D.P., 2024AP2391-FT, 3/19/25, District II (1-judge decision, ineligible for publication); case activity

In appeal eerily similar to a SCOW case that was dismissed as improvidently granted, COA affirms and holds that the conclusory testimony supporting involuntary medication and recommitment was legally sufficient.

“Daniel” appeals orders for recommitment under the Fifth Standard and involuntary medication. (¶1). He argues that the County did not “establish it reasonably explained the disadvantages of his medications to him…
Continue Reading COA finds evidence sufficient for medication order in Ch. 51; once again highlights inconsistent case law

State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District III (not recommended for publication); case activity

COA affirms circuit court’s order denying Tobin Jagla’s motion to suppress where police stopped the vehicle he was driving after an officer determined the registered owner of the vehicle did not have a Wisconsin driver’s license.  Although officer learned during the stop that Jagla was not the registered owner, Jagla and owner were both males and similar in age.

An Oneida police officer…
Continue Reading COA: Police have reasonable suspicion to stop a vehicle if an officer knows owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.