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Page 3 of 850

Defense win! Police unlawfully extended seizure and searched purse during it

State v. Ashley L. Monn, 2019AP640-CR, 9/9/20, District 3, (1-judge opinion, ineligible for publication); case activity When police executed an arrest warrant for a man at his trailer home, they found Monn there too. They cuffed her, conducted a protective search, confirmed she had no outstanding warrants, and told her she would be released without […]

September 14, 2020

Court of appeals won’t presume that mental commitments have collateral consequences for the patient

Sauk County v. S.A.M., 2019AP1033, 9/3/20, District 4 (one-judge decision; ineligible for publication); case activity Wisconsin involuntarily commits mentally ill people  at a higher rate than any other state in the United States–close to 5 times the national average. Click here. Wisconsin is also in the minority of states that will dismiss an appeal from […]

Anonymous tip about oral sex in truck supports traffic stop

State v. Andrew W. Bunn, 2019AP2127-CR, 9/9/20, District 1 (1-judge opinion, ineligible for publication); case activity One evening, an unknown woman approached a cop car in a church parking lot near a playground and said that two adults were having oral sex in a pickup truck on the other side of a fence. The cops […]

COA denies Bangert plea withdrawal

State v. Victoria L. Conley, 2019AP902, 9/10/20, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Conley pleaded to one count of disorderly conduct related to a couple of altercations occurring over a few minutes in Madison. After sentencing she moved to withdraw her plea alleging that the court failed to apprise her […]

September 13, 2020

August 2020 publication list

On August 31, 2020, the court of appeals ordered publication of the following criminal law related cases:

September 9, 2020

COA holds overdose aider immunity didn’t apply the day after 911 call

State v. Nathaniel R. Lecker, 2019AP1532, 9/1/20, District 3 (recommended for publication); case activity (including briefs) The application of a statute to undisputed facts is a question of law. This is an incontrovertible maxim of appellate review. “Question of law” sounds so august and erudite and specialized, doesn’t it? A question of law is a […]

September 4, 2020

COA: Judge who witnessed violation of sequestration order cured problem by striking witness

State v. M.E., 2019AP2228, 9/1/2020, District 1 (one-judge decision; ineligible for publication); case activity M.E. was adjudicated delinquent after a bench trial. During the trial, the judge overheard a conversation between a state’s witness and the prosecutor that led her to believe her sequestration order had been violated. M.E. argues the judge was disqualified because […]

COA: TPR court properly concluded no “substantial relationship” in disposition

State v. K.A.B., 2020AP962, 9/1/20, District 1 (one-judge decision; ineligible for publication); case activity K.A.B. appeals the termination of her parental rights to her daughter, L.B. L.B. had been with a foster family since birth, and the court found that both the continuing CHIPS and failure to assume grounds were proved. On disposition, the court […]

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