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B. Published opinions

State v. Keith C. Henyard, 2019AP548-Cr, District 2, 7/8/20 (recommended for publication); case activity (including briefs) The State charged Henyard with 8 crimes potentially leading to 157 years in prison. Commissioner Parise engaged Henyard in a colloquy, accepted his waiver of a preliminary hearing, and bound him over for trial. Parise left the bench and… Read More


State v. David M. Hay, 2020 WI App 35; case activity (including briefs) Hay was pulled over in the early morning and blew a .032 on the PBT. He had several drunk-driving priors, so it would be illegal for him to drive with a BAC over .02. The officer never sought a warrant; instead he searched the car… Read More

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June 2020 publication list

On June 24, 2020, the court of appeals ordered publication of the following criminal law related cases: State v. Tavodess Matthews, 2020 WI App 33 (motion to adjourn a probable cause hearing is a “preliminary contested matter” under judicial substitution statute) State v. Adam W. Vice, 2020 WI App 34 (confession given after polygraph ordered… Read More


State v. Dawn J. Levanduski, 2019AP1144-CR, 7/1/20, District 2 (recommended for publication); case activity (including briefs) This published decision resolves an issue arguably left open by Birchfield v. North Dakota, 136 S. Ct. 2160 (2016).  The court of appeals holds that when an officer reads Wisconsin’s “Informing the Accused” form to an OWI suspect, and… Read More


Winnebago County v. S.H., 2019AP2277-FT, 6/17/20, District 2 (recommended for publication); case activity The court of appeals rarely publishes opinions in “fast track” cases. It took that unusual step here. The opinion strives to show the type of evidence that is sufficient for a recommitment even though the mentally ill person has taken all of… Read More


State ex rel. Jamie A. Coogan v. Steven R. Michek, Sheriff, Iowa County, 2020 WI App 37; case activity (including briefs) A jail’s classification system can’t supersede a sentencing judge’s grant of Huber release. Jails are required to have a classification system, § 302.36, but that statute says precious little about what the system has… Read More


April/May 2020 publication list

On May 27, 2020, the court of appeals ordered the publication of the following cases decided in April and May (as there was no April publication list): Marathon County v. R.J.O., 2020 WI App 20 (counties need not attempt personal service of ch. 51 recommitment petitions) State v. Provost, 2020 WI App 21 (no speedy… Read More


State v. Adam W. Vice, 2020 WI App 34; case activity (including briefs) This is a “recommended for publication”, split court of appeals opinion where the State lost in a child sexual assault case. In other words the State will surely petition for review, and SCOW will take it. Applying State v. Davis, 2008 WI… Read More