State v. Percy Antione Robinson, 2020AP1728-CR, certification granted 5/18/22; case activity (including briefs) Question presented: The 4th Amendment requires that a judicial officer determine probable within 48 hours of a warrantless arrest. County of Riverside v. McLaughlin, 500 U.S. 44,
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SCOW to review deference owed to trial counsel’s strategic decisions
State v. John Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs) Question Presented (from petition): Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial…
Pro se defense win! New trial ordered due to improper amendment of charge
County of Milwaukee v. Roosevelt Cooper, Jr., 2021AP1224, 5/17/21, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Cooper wins a new trial because the trial court improperly amended the charge against him and denied him an opportunity…
SCOW U-turns, eliminates automatic stay for involuntary medication orders
State v. Green, 2022 WI 30, 5/13/22, limiting in part and affirming in part, a published court of appeals decision; case activity (including briefs) Section 971.14(5)(a)1 provides that a defendant’s commitment for treatment to competency cannot exceed 12 months or…
COA upholds waiver of juvenile into adult court
State v. D.J.L., 2021AP436, 5/10/22, District 3 (1-judge opinion ineligible for publication); case activity The State charged 17-year-old “David” with exposing himself to two girls (5 and 9) and sexually assaulting the older one. On appeal, he challenged the circuit…
Blue light over rear license plate provided reasonable suspicion for traffic stop
State v. Joshua John Hansen, 2021AP1006 & 2021AP1620-CR, District 4, 5/5/22 (one-judge decision; ineligible for publication); case activity (including briefs) A blue light illuminating the rear license plate is an apparent equipment violation and thus justified the stop of Hansen’s…
Statute permitting closed circuit audiovisual testimony of a child is still constitutional
State v. Ryan L. Bessert, 2021AP1062-CR, District 3, 5/3/22 (not recommended for publication); case activity (including briefs) The circuit court properly applied § 972.11(2m)(a) under the circumstances of this case when allowing the complaining child witness to testify via closed…
Counsel wasn’t ineffective in OWI/PAC prosecution
State v. Eric Trygve Kothbauer, 2020AP1406-CR, District 3, 5/3/22 (one-judge decision; ineligible for publication); case activity (including briefs) Kothbauer challenges his trial lawyer’s representation in a prosecution for operating while intoxicated and with a prohibited alcohol concentration. The court of…
Defense win! Circuit courts must specify dangerousness standard for initial commitments
Milwaukee County v. A.J.G., 2021AP1338, 5/3/22, District 1, (1-judge opinion, ineligible for publication); case activity When a circuit court orders a ch. 51 recommitment, it must specify which standard of dangerousness the patient will satisfy if treatment is withdrawn. Langlade…
“Best interests” factors support TPR of child with exceptional medical needs
State v. A.A., 2022AP311, 5/3/22. District 1 (1-judge opinion, ineligible for publication); case activity T.W. was born at 26 weeks with a host of serious medical problems. At discharge, he needed 24-hour care. T.W. couldn’t meet those needs because she…