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S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity

In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition.

S.G. initiated this litigation by filing a CHIPS petition on her behalf under § 48.13(9). (¶10). In essence, S.G., who was receiving services under a TPR order, was about to turn 18 and needed the CHIPS order so she could continuing receiving
Continue Reading In published decision, COA holds that corporation counsel is not a party under 48.13 when they are not a petitioner

Brown County v. N.H., 2024AP1991-1993, 4/2/25, District III (1-judge decision, ineligible for publication); case activity

Although the County erred by listing the wrong date in a published notice, COA affirms given the court’s factual findings that the respondent was served by mail.

In this TPR, the County was attempting to terminate the rights of a person known to be homeless, a fact which complicated its attempts to achieve service. Following unsuccessful attempts to serve “Nathaniel” personally, the County
Continue Reading COA holds that while service was defective in TPR, court’s factual findings merit affirmance

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State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs)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

In their dissents from an order denying cert, two justices leave a trail of breadcrumbs for litigators frustrated by the discordant state of the law with respect to the Constitution’s Confrontation Clause. As we saw last month, in a written order that seemingly invited litigation as to whether warrantless misdemeanor arrests are permitted under the […]
Continue Reading At least two justices on US Supreme Court believe it is high time to rethink Confrontation Clause jurisprudence

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.

OLR v. Osman A. Mirza, 2023AP2369-D, February 27, 2025, (per curiam attorney discipline case)

In a disciplinary case adjacent to criminal defense practice, SCOW clarifies the impact of having charges “read-in” for purposes of an OLR proceeding.

As noted previously, this blog does not usually cover disciplinary cases. However, this case contains a helpful summary of Wisconsin’s “read-in” procedure applicable in criminal cases and clarifies their role in collateral legal proceedings. Accordingly, we felt it may be helpful
Continue Reading SCOW clarifies that read-in offenses cannot be used to independently establish ethical violations in attorney discipline case

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.

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 a secure residential care center. 

A.A.A. (referred to as “Amanda”) pled no contest in juvenile court to one count of first-degree child sexual
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.

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