State v. B.L., 2023AP8, 4/11/23, District 1 (1-judge opinion, ineligible for publication); case activity “Barry” appealed an order terminating his parental rights to his 4 1/2-year-old daughter, Alice. He argued that the circuit court erred in admitting his criminal history
On Point
On Point is sponsored by the Wisconsin State Public Defender. All content is subject to public disclosure. If you have questions about this blog, please email Colleen Ball at ballc@opd.wi.gov or Jefren Olsen at olsenj@opd.wi.gov.
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COA reverses 15-day suspension of operating privileges
County of Grant v. Brad Alan Hochhausen, 2022AP1065, 4/13/23, District 4; (1-judge opinion, ineligible for publication); case activity (including briefs) Hochhausen was convicted of speeding under §346.57(5). The circuit court imposed a 15-day suspension of Hochhausen’s operating privileges and a…
COA affirms involuntary med order, but “strongly encourages” counties to “take more care…in the future”
Winnebago County v. L.J.F.G., Case No. 22Ap1589, District 2, 04/12/2023 (one-judge opinion, ineligible for publication); case activity L.J.F.G.’s (Emily’s) appeal concerned a stayed order for involuntary administration of psychotropic medication under Wis. Stat. § 55.14. While the court affirms the…
We hear who you are…..
….the next wave (no pun intended) of forensic science, discussed in this interesting article about digital voiceprinting.
COA considers and rejects pro se defendant’s various jurisdictional and legal process claims
State v. Kit R. Stilwell, 2022AP1734-CR, District 2, 4/05/23 (1-judge opinion, not eligible for publication); case activity (including briefs) After summarizing an “inordinate[ly]” complicated set of facts in an otherwise simple bail jumping case, the court of appeals notes that…
Defense win: Frisking person before allowing him to sit in squad car was unlawful
State v. Jesse E. Bodie, 2021AP1656-CR, District 4, 4/13/23 (not recommended for publication); case activity (including briefs) A state patrol officer unlawfully frisked Bodie before allowing Bodie to sit in his squad car because, under the circumstances of this case,…
SCOW to decide whether to relax strict application of statutory substitution deadline
State of Wisconsin ex rel. Antonio S. Davis v. Circuit Court for Dane County and Honorable Ellen K. Berz, 2022AP1999-W, PFR granted 03/31/2023; case activity (including briefs, petition for review, and state’s response) Davis was arrested and charged with two…
COA denies IAC claims re failure to move for suppression and to cross-examine officer effectively
State v. Antwan Eugene Gill, 2022AP654-Cr, 4/6/23, (1-judge opinion, ineligible for publication), case activity (including briefs) Gill was convicted for possession of THC and for operating a vehicle with a detectable amount of THC in his blood. He argued that…
Unanimous SCOW holds that state “cured” plea breach and reverses COA order for resentencing
State v. Robert K. Nietzold, Sr., 2023 WI 22, 03/28/2023, reversing an unpublished court of appeals opinion; case activity (including briefs) Pursuant to the plea agreement, the state agreed to “not recommend a specific term of imprisonment.” At sentencing, the…
SCOW allows DAs to comment indirectly on a defendant’s decision to remain silent
State v. Tomas Jaymitchell Hoyle, 2023 WI 24, 3/31/22, reversing an unpublished court of appeals opinion; case activity (including briefs) This split decision is important for two reasons. First, it authorizes the State to penalize the defendant for exercising his…