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23. Jurisdiction

State v. Larry W. Olson, 2018AP1075 & 1076, 10/8/19, District 3 (recommended for publication); case activity (including briefs) Olson and the state resolved some felony counts with an agreement that he’d plead not guilty by reason of mental disease or defect. The court found him NGI and committed him for 19 years, placing him on… Read More

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Waupaca v. K.E.K., 2018Ap1887, District 4, 9/26/19 (not recommended for publication); case activity This opinion infuses uncertainty, if not confusion, into the law governing circuit court competency to decide a Chapter 51 recommitment case and the substantive legal standard that courts are to apply at the recommitment stage. Circuit court competency. Section §51.20(13(g)2r provides that 21… Read More

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State v. James Edward Olson, 2018AP1987, 9/17/18, District 1 (one-judge opinion, ineligible for publication); case activity (including briefs) Olson says that the DOC extended his probation by six months without notice to him, and he shouldn’t have to pay the fees associated with those six months. The court of appeals has two problems with this… Read More

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State v. Brantner, 2018AP53, petition for review of a summary order granted 5/14/19; case activity (including briefs) Issues: 1. Do the United States and Wisconsin Constitutional protections against double jeopardy bar the State from punishing a criminal defendant twice for violations of Wis. Stat. § 961.41(3g)(am) for possessing pills containing different doses of the same… Read More

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State v. A.L. , 2019 WI 20, affirming a published court of appeals decision, 2017 WI App 72; case activity This appeal centers on the proper interpretation of §938.30(5)(d) and §938.13 governing juveniles found not competent during a delinquency proceeding. SCOW holds a circuit court may resume suspended juvenile delinquency proceedings to reexamine the competency of a… Read More

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City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs) Issue (from petition for bypass): City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to… Read More

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St. Croix County v. Kimberly L. Severson, 2017AP1111, 11/13/18, District 3, (i-judge opinion, ineligible for publication); case activity (including briefs) This is a City of Eau Claire v. Booth redux. In 2001 Severson was charged with OWI 1st in Eau Claire County and convicted of a separate OWI 1st in St. Croix County. Had St. Croix conviction been… Read More

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State v. A.L., 2016AP880, review of a published court of appeals decision granted 6/11/18; case activity Where a juvenile has been found incompetent to stand trial, Wis. Stat. § 938.30(5)(e)1. says he or she can be later reevaluated–but only if he or she was found likely to regain competence. Nevertheless, the court of appeals, relying on… Read More

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