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COA again dismisses recommitment appeal re the right to be present for mootness

Milwaukee County v. K.M., 2019AP1166, 4/13/21, District 1; (1-judge opinion ineligible for publication); case activity The saga continues. Portage County v. E.R.R. 2019AP20133 presented the question of whether appeals from recommitment orders are ever moot due to their collateral effects. When SCOW split 3-3 in that case, it granted review in Sauk County v. S.A.M., […]

April 14, 2021

“You gotta win Hagedorn”

Appellate lawyers, take note. Several recent press reports have observed that Justice Hagedorn has become the powerful swing vote on the Wisconsin Supreme Court. Yesterday’s SCOWstats post provides the data. “In 2020-21, with Justice Kelly now supplanted by Justice Karofsky, the remaining three conservatives can no longer win without Justice Hagedorn, and, with him, they […]

Defense win! Court of appeals reverses homicide conviction due to State’s use of snitch

State v. Richard Michael Arrington, 2019AP2065-CR, 4/6/21, District 3 (recommended for publication); case activity (including briefs) Arrington was being held at the Brown County Jail for 1st-degree homicide when another inmate, Miller, began chatting with him about his case. Turns out Miller was a snitch for State. With the assistance of police, Miller recorded his […]

April 11, 2021

Defense win! Recommitment reversed for failure specify standard of dangerousness

Rock County Department of Human Services v. J.E.B., 2020AP1954-FT, 4/7/21, District 4 (1-judge opinion, ineligible for publication); case activity Good news/bad news. It’s terrific that the court of appeals is going to enforce the new requirement that circuit courts ground their recommitment orders on factual findings tied to a specific standard of dangerousness in §51.20(1)(a)2.a-e.  […]

Defense win – COA holds police exceeded scope of consent to search computer

State v. Kevin M. Jereczek, 2019AP826, 4/6/21, District 3 (recommended for publication); case activity (including briefs) Police suspected Jereczek’s son in a sexual assault and thought there might be evidence on the family desktop computer. They asked Jereczek if they could search the machine; he agreed but limited his permission to the son’s account. The […]

April 7, 2021

Police had basis to conduct FSTs and ask for PBT

Village of Grafton v. Elizabeth A. Wesela, 2020AP1416, District 2, 4/7/21 (one-judge decision; ineligible for publication); case activity (including briefs) Wesela concedes police had reaonsable suspicion to make the initial stop of the car she was driving, but complains, fruitlessly, that the officer didn’t have reasonable suspicion to extend the stop to conduct field sobriety […]

Circuit court properly exercised discretion in terminating parental rights

State v. V.S., 2021AP136, District 1, 4/6/21 (one-judge decision; ineligible for publication); case activity The record shows the circuit court considered all of the § 48.426(3) factors relevant to determining the best interests of the child and properly applied them to the facts in deciding whether to terminate V.S.’s parental rights to D.D.S.

Cop can testify as human trafficking expert

State v. Markell Hogan, 2019AP2350-CR, District 2, 3/24/21 (recommended for publication); case activity (including briefs) A police officer who has experience investigating human trafficking cases and who has training from various prosecutorial and law enforcement conferences about the methods traffickers use may testify as an expert under §907.02 and Daubert v. Merrell Dow Pharms., Inc., […]

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